Keown v Coventry Healthcare NHS Trust

Keown v Coventry Healthcare NHS Trust

The claimant’s injuries did not arise from any danger due to the state of the premises but from his own deliberate and dangerous activity. The fire escape was not inherently dangerous, and the Trust owed no duty under the Occupiers' Liability Act 1984 in these circumstances.

Parties
Claimant/respondent: Martyn Keown; Defendant/appellant: Coventry Healthcare NHS Trust
Jurisdiction
England and Wales
Judgment Date
02 February 2006
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; trial judgment set aside; claim dismissed.
Legal Topics
Liability to Trespassers, Duty of Care, Contributory Negligence
Tort Law Occupiers' Liability Liability to Trespassers Duty of Care Contributory Negligence

Case Brief

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Parties

Martyn Keown

Claimant/respondent

Coventry Healthcare NHS Trust

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the defendant NHS Trust owed a duty of care to the claimant, a child trespasser, under the Occupiers' Liability Act 1984 for injuries suffered while climbing a fire escape.
  2. 2 Whether the risk of injury arose due to the state of the premises or the claimant's own actions.

Ratio Decidendi

The claimant’s injuries did not arise from any danger due to the state of the premises but from his own deliberate and dangerous activity. The fire escape was not inherently dangerous, and the Trust owed no duty under the Occupiers' Liability Act 1984 in these circumstances.

Court Disposition

Appeal allowed; trial judgment set aside; claim dismissed.

Orders

  • The appeal is allowed.
  • The order of the trial judge is set aside.