Dufosse v Melbry Events

Dufosse v Melbry Events

The court found that the icicle was present and in a position where it should have been seen and removed by the defendant's staff. The failure to do so constituted a breach of the duty of care owed to Mrs Dufosse, resulting in her injury. The trial judge erred in concluding otherwise, and the appeal was allowed.

Parties
Applicant: Dufosse; Respondent: Melbry Events Ltd
Jurisdiction
England and Wales
Judgment Date
14 December 2011
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
appeal allowed
Legal Topics
Occupiers' Liability, Negligence, Duty of Care, Risk Assessment
Tort Law Personal Injury Occupiers' Liability Negligence Duty of Care Risk Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Dufosse

Applicant

Melbry Events Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether Melbry Events Ltd breached its duty of care to Mrs Dufosse resulting in her injury
  2. 2 Whether the icicle was present and should have been seen and removed by the defendant's staff

Ratio Decidendi

The court found that the icicle was present and in a position where it should have been seen and removed by the defendant's staff. The failure to do so constituted a breach of the duty of care owed to Mrs Dufosse, resulting in her injury. The trial judge erred in concluding otherwise, and the appeal was allowed.

Court Disposition

appeal allowed

Orders

  • Judgment for the applicant (Mrs Dufosse)
  • Trial court judgment set aside