Anthony Stokes v Ministry of Justice & Anor
[2024] EWHC 15 (KB)
Colette Olivia Ashton v The City of Liverpool Young Men's Christian Association
22 February 2023
[2023] EWHC 707 (KB)
High Court
A woman fell from a window in her hostel because the window was broken and didn't close properly. The hostel is mostly to blame, but she's also partly to blame because she was drunk. She won the case, but her payout will be reduced because of her own actions.
Key Facts
- •Colette Ashton (CA) fell from a fourth-floor window at a Liverpool YMCA hostel.
- •CA's fall resulted in serious injuries.
- •The central issue was whether the YMCA's liability attached to the consequences of the fall.
- •The YMCA argued CA deliberately exited the window in a suicide attempt.
- •CA claimed she fell while retrieving washing that had been hung outside the window.
- •The window's restrictors were not functioning at the time of the incident.
- •There was extensive evidence from oral and expert witnesses, and substantial documentation.
- •CA had a history of chaotic lifestyle, addictions, mental health problems, and criminal involvement.
- •The YMCA provided short-to-medium stay accommodation and support to vulnerable adults.
- •CA's window was designed for disabled users and had a relatively low sill.
- •The window restrictors could be disconnected to allow wider opening.
- •CA was intoxicated at the time of the incident.
- •Multiple witness accounts, including photographic evidence, were considered.
- •CA gave several conflicting accounts of the incident.
- •Expert medical evidence addressed CA's state of mind and ability to provide a reliable account.
- •Expert engineering evidence addressed the window's condition and the mechanics of the fall.
- •The YMCA's maintenance records were incomplete and not readily accessible.
Legal Principles
Occupiers' Liability Act 1957, sections 2(1) and 2(2): Occupiers owe a common duty of care to take reasonable care to ensure visitors are reasonably safe.
Occupiers' Liability Act 1957
Occupiers' Liability Act 1957, section 2(5): The common duty of care does not apply to risks willingly accepted by the visitor.
Occupiers' Liability Act 1957
Volenti non fit injuria: A person cannot sue for injuries sustained while voluntarily accepting the risk.
Common Law
Contributory Negligence: A claimant's own negligence can reduce damages awarded.
Common Law
Outcomes
Judgment for the Claimant.
The court found that the YMCA breached its duty of care by failing to ensure the window was adequately restricted, creating a foreseeable risk of injury for a vulnerable resident like CA. The fall was deemed accidental, not a suicide attempt.
35% contributory negligence.
CA's intoxication contributed to the accident, but the YMCA's failure to maintain the window was the primary cause.