Peskett v Portsmouth City Council [2002] EWCA Civ 1175 (25 June 2002)

Peskett v Portsmouth City Council [2002] EWCA Civ 1175 (25 June 2002)

The council was aware of a longstanding tripping hazard created by erosion at a corner frequently used as a shortcut by employees and the public. The hazard was foreseeable and had not been remedied. The duty of care under the Occupiers' Liability Act required the council to address such known dangers. The absence of prior accidents or complaints did not absolve the council of liability. The finding of 50% contributory negligence was within the judge's discretion based on the evidence.

Citation
[2002] EWCA Civ 1175
Parties
Claimant/respondent: Sheila Peskett; Defendants/appellants: Portsmouth City Council
Jurisdiction
England and Wales
Judgment Date
25 June 2002
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Occupiers' Liability, Contributory Negligence, Duty of Care
Tort Personal Injury Occupiers' Liability Contributory Negligence Duty of Care

Case Brief

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Parties

Sheila Peskett

Claimant/respondent

Portsmouth City Council

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the occupier breached the common duty of care under the Occupiers' Liability Acts 1957 and 1984 by failing to address a known tripping hazard
  2. 2 Whether the finding of 50% contributory negligence was appropriate

Ratio Decidendi

The council was aware of a longstanding tripping hazard created by erosion at a corner frequently used as a shortcut by employees and the public. The hazard was foreseeable and had not been remedied. The duty of care under the Occupiers' Liability Act required the council to address such known dangers. The absence of prior accidents or complaints did not absolve the council of liability. The finding of 50% contributory negligence was within the judge's discretion based on the evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be assessed on the standard basis.