Keown v Coventry Healthcare NHS Trust [2006] EWCA Civ 39 (02 February 2006)

Keown v Coventry Healthcare NHS Trust [2006] EWCA Civ 39 (02 February 2006)

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.

Citation
[2006] EWCA Civ 39
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; judgment for the defendant NHS Trust.
Legal Topics
Occupiers' Liability, Liability to Trespassers, Personal Injury, Contributory Negligence
Tort Law Occupiers' Liability Liability to Trespassers Personal Injury 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 a child trespasser under the Occupiers' Liability Act 1984 for injuries sustained while climbing a fire escape.
  2. 2 Whether the risk of injury arose from a danger due to the state of the premises or from 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; judgment for the defendant NHS Trust.

Orders

  • Recorder's order set aside.
  • Claim against Coventry Healthcare NHS Trust dismissed.