Clark v Bourne Leisure Ltd

Clark v Bourne Leisure Ltd

The premises were reasonably safe for wheelchair users; the difference in level at the steps was sufficiently apparent, and a wheelchair user exercising reasonable care would not have mistaken the steps for a ramp. The ramp provided a safe alternative, and the absence of warning signs or hazard tape did not render the premises unsafe.

Parties
Claimant: Brenda Clark; Defendant: Bourne Leisure Limited
Jurisdiction
England and Wales
Judgment Date
30 June 2011
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal allowed; claimant's claim dismissed.
Legal Topics
Personal Injury, Reasonable Safety of Premises, Contributory Negligence
Tort Law Occupiers' Liability Personal Injury Reasonable Safety of Premises Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Brenda Clark

Claimant

Bourne Leisure Limited

Defendant

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether the premises were reasonably safe for wheelchair users under section 2 of the Occupier’s Liability Act 1957
  2. 2 Whether the trial judge erred in finding liability based on the evidence
  3. 3 Whether the absence of warning signs or hazard tape rendered the premises unsafe

Ratio Decidendi

The premises were reasonably safe for wheelchair users; the difference in level at the steps was sufficiently apparent, and a wheelchair user exercising reasonable care would not have mistaken the steps for a ramp. The ramp provided a safe alternative, and the absence of warning signs or hazard tape did not render the premises unsafe.

Court Disposition

Appeal allowed; claimant's claim dismissed.

Orders

  • Claim dismissed.