Alexander v Freshwater Properties Ltd & Anor [2012] EWCA Civ 1048 (27 July 2012)

Alexander v Freshwater Properties Ltd & Anor [2012] EWCA Civ 1048 (27 July 2012)

Both the landlord and builder were negligent as a reasonable person in their positions would have foreseen the risk of injury from the absence of the door handle and defective self-closing mechanism. Both had knowledge of the danger and failed to take reasonable steps to prevent foreseeable harm. The Recorder's apportionment of liability (75% builder, 25% landlord) was incorrect; liability should be apportioned equally.

Citation
[2012] EWCA Civ 1048
Parties
Claimant/respondent: Jasmine Alexander; Defendant/appellant: Freshwater Properties Limited; Defendant/appellant: Christopher Place (trading as Place Construction)
Jurisdiction
England and Wales
Judgment Date
27 July 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Liability and Apportionment
Outcome
Appeals against liability dismissed; appeal against apportionment allowed in part.
Legal Topics
Negligence, Occupiers' Liability Act 1957, Apportionment of Liability, Duty of Care, Personal Injury
Tort Law Occupiers' Liability Negligence Occupiers' Liability Act 1957 Apportionment of Liability Duty of Care Personal Injury

Case Brief

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Parties

Jasmine Alexander

Claimant/respondent

Freshwater Properties Limited

Defendant/appellant

Christopher Place (trading as Place Construction)

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Liability and Apportionment

Legal Issues

  1. 1 Whether the landlord and/or builder were negligent in failing to ensure the safety of the front door, resulting in injury to the claimant
  2. 2 Whether the Recorder applied the correct legal principles regarding foreseeability and standard of care in negligence
  3. 3 Proper apportionment of liability between landlord and builder

Ratio Decidendi

Both the landlord and builder were negligent as a reasonable person in their positions would have foreseen the risk of injury from the absence of the door handle and defective self-closing mechanism. Both had knowledge of the danger and failed to take reasonable steps to prevent foreseeable harm. The Recorder's apportionment of liability (75% builder, 25% landlord) was incorrect; liability should be apportioned equally.

Court Disposition

Appeals against liability dismissed; appeal against apportionment allowed in part.

Orders

  • Liability of landlord and builder to claimant affirmed.
  • Apportionment of liability varied: landlord and builder to bear liability equally.