Occupier's liability update - November 2011

Two recent cases from the Court of Appeal show that an occupier need only take reasonable steps to ensure safety on their premises.

Hufton v Somerset County Council [2011] EWCA Civ 789

The claimant was a pupil at a school run by the defendant local authority. The claimant slipped on a small pool of water on the wooden floor of the assembly hall as  she entered the building during morning break. It had started to rain a few minutes into the morning break and some water had been brought inside. The claimant suffered injury to her knee and brought a claim in negligence for permitting its pupils to walk directly into the assembly hall when the floor was wet and hazardous.

The  school confirmed that on wet days pupils were not permitted to enter the school hall and that a warning sign was put up.  Prefects were positioned by the fire exit doors to prevent entry. Unfortunately, on the day of the accident the claimant managed to enter the building before these steps were taken. The Defendant could show that they had a risk assessment, although  it was prepared some six years before the accident. The claim failed in the first instance. The Court of Appeal found in favour of the local authority and confirmed that there is no absolute duty on the part of an occupier to prevent any accident from ever occurring on their premises. In this instance the court found that a reasonable system was in place to prevent access to the hall floor in wet weather.
Furthermore, the court rejected that the defendants had been negligent in failing to clear up the wet floor before the claimant stepped on it.

Comment: This decision emphasises the requirement of an occupier to take reasonable care. In this case it would have been entirely unreasonable to suggest that the rainwater should have been instantaneously cleaned up as there was a short period of time between commencement of the morning break and it beginning to rain. The defendants could establish they have a reasonable system in place to prevent accidents in wet weather. Also the risk assessment, although dated, was unchallenged as there had been a significant period without incident. It is not sufficient to suggest that a rare occasion of system failing should give rise to liability.

Clark v Bourne Leisure [2011] EWCA Civ 753

The claimant was disabled and used an electric wheelchair. Whilst at a holiday park in Great Yarmouth, the claimant visited a bar. The bar was split over two levels and the upper level was accessed by a ramp on one side of the room and two deep, wide steps on the other side of the room. During the evening the claimant used the ramp to access the upper level. However, when she later wished to go to the lower level, instead of retracing her steps, the claimant used the steps assuming that it was also a ramp. The claimant fell from her chair and sustained injury.

The claimant brought a claim against the defendant for damages. The claimant argued that the steps were a concealed hazard. At first instance the claimant succeeded. However, the Court of Appeal found that whilst the defendant admitted that the second step was covered in a patterned carpet with a different surface at the edge but the first step was covered in a different surface highlighting the presence of the step. The claimant fell at the first step.

On the evidence, the premises were reasonable safe for wheelchair users. A ramp was available and entirely safe for the claimant's use. The steps were not safe for wheelchairs but they were clearly visible and any wheelchair user taking reasonable care for her safety would avoid using them.

Comment: This case shows that common sense prevails. The test of reasonableness applied here did not require the defendant to make all passageways safe for wheelchair users (i.e. the steps) but to make adequate provision for disabled customers (i.e. the ramp). The ramp in this case was clearly visible and appropriate. The claimant had simply failed to take sufficient care for her own safety.

Ashfords' Personal Injury Team has extensive experience in all areas of personal injury claims, ranging from accidents on public property or at work to road traffic accidents and clinical negligence.  If you have had a claim made against you and would like to discuss your options, please contact Flora Wood, Partner, on 01392 334020.

Ashfords LLP is Authorised and Regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.