Butcher v Southend-On-Sea Borough Council [2014] EWCA Civ 1556 (30 October 2014)

Butcher v Southend-On-Sea Borough Council [2014] EWCA Civ 1556 (30 October 2014)

It was reasonably foreseeable that someone would step off the path and lose balance due to the drop; the council failed to take reasonable care to prevent this hazard, breaching its duty under the Occupiers Liability Act 1957.

Citation
[2014] EWCA Civ 1556
Parties
Claimant/respondent: Mrs Linda Mary Butcher; Defendant/appellant: Southend-on-Sea Borough Council
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Occupiers' Liability, Contributory Negligence, Duty of Care
Tort Law Occupiers' Liability Contributory Negligence Duty of Care

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Parties

Mrs Linda Mary Butcher

Claimant/respondent

Southend-on-Sea Borough Council

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the defendant council breached its duty under the Occupiers Liability Act 1957
  2. 2 Whether the hazard was reasonably foreseeable
  3. 3 Whether the claimant was contributorily negligent

Ratio Decidendi

It was reasonably foreseeable that someone would step off the path and lose balance due to the drop; the council failed to take reasonable care to prevent this hazard, breaching its duty under the Occupiers Liability Act 1957.

Court Disposition

Appeal dismissed

Orders

  • Liability finding against the council upheld
  • Contributory negligence at 50% stands