Après Lounge Limited v Nicolle Wade
[2023] EWHC 190 (KB)
John E Griggs & Sons Limited v High Firs Penthouses Limited
8 September 2023
[2023] EWHC 2231 (TCC)
High Court
A lady fell on a slightly raised paving stone and broke her leg. The judge said the landowner wasn't at fault because the raised stone wasn't a big enough problem and it would be too expensive to check every stone on all their land.
Key Facts
- •The claimant, a 73-year-old woman, suffered a fall resulting in a fracture of her left tibia and fibula.
- •The fall occurred on a public footpath within the defendant's land.
- •The claimant alleged negligence on the part of the defendant for failing to maintain the footpath in a safe condition.
- •The alleged defect was a raised paving slab on the footpath.
Legal Principles
Occupiers' Liability Act 1984
Occupiers' Liability Act 1984
Duty of care to visitors
Common Law and Occupiers' Liability Act 1984
Standard of care
Common Law
Outcomes
The claim was dismissed.
The court found that the defendant had not breached its duty of care. The raised paving slab was not a significant hazard and was not foreseeable to cause injury. The cost of inspecting and repairing all potential defects on a large area of land would be disproportionate.