CC v Leeds City Council

CC v Leeds City Council

The defendant breached its duty of care by failing to warn the claimant of tripping hazards, and this failure was causative of the injury sustained.

Parties
Claimant/respondent: CC (by his litigation friend MC); Defendant/appellant: Leeds City Council
Jurisdiction
England and Wales
Judgment Date
24 May 2018
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Causation, Personal Injury

Case Brief

Summary, issues, holding and outcome

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Parties

CC (by his litigation friend MC)

Claimant/respondent

Leeds City Council

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

  1. 1 Whether the defendant breached its duty of care by failing to warn of tripping hazards and/or failing to make them more visible
  2. 2 Whether the breach was causative of the claimant's injury

Ratio Decidendi

The defendant breached its duty of care by failing to warn the claimant of tripping hazards, and this failure was causative of the injury sustained.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.