Tacagni v Penwith District Council [2013] EWCA Civ 702 (24 April 2013)

Tacagni v Penwith District Council [2013] EWCA Civ 702 (24 April 2013)

Penwith District Council was not in breach of its common duty of care under Section 2 of the Occupiers' Liability Act 1957 because the risk of accident was not reasonably likely, and the degree of care expected of an ordinary visitor was not sufficiently considered by the trial judge. The evidence did not warrant imposing liability for failing to foresee and guard against the specific accident.

Citation
[2013] EWCA Civ 702
Parties
Claimant/respondent: Tacagni; Second Defendant/appellant: Penwith District Council
Jurisdiction
England and Wales
Judgment Date
24 April 2013
Procedural Posture
Civil Appeal / Appeal From Truro County Court Judgment
Outcome
Appeal allowed; action against Penwith District Council dismissed.
Legal Topics
Duty of Care, Contributory Negligence, Reasonable Foreseeability, Standard of Care
Tort Law Occupiers' Liability Duty of Care Contributory Negligence Reasonable Foreseeability Standard of Care

Case Brief

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Parties

Tacagni

Claimant/respondent

Penwith District Council

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Truro County Court Judgment

Legal Issues

  1. 1 Whether Penwith District Council breached its common duty of care under Section 2 of the Occupiers' Liability Act 1957
  2. 2 Whether the risk of accident was a 'very real possibility' or a remote possibility
  3. 3 Whether further fencing or warning signs were required to prevent accidents

Ratio Decidendi

Penwith District Council was not in breach of its common duty of care under Section 2 of the Occupiers' Liability Act 1957 because the risk of accident was not reasonably likely, and the degree of care expected of an ordinary visitor was not sufficiently considered by the trial judge. The evidence did not warrant imposing liability for failing to foresee and guard against the specific accident.

Court Disposition

Appeal allowed; action against Penwith District Council dismissed.

Orders

  • Judgment for claimant set aside
  • No liability imposed on Penwith District Council