Alexander v Freshwater Properties Ltd & Anor

Alexander v Freshwater Properties Ltd & Anor

Both builder and landlord were negligent as the risk of injury from the heavy door with a defective self-closing mechanism and missing handle was reasonably foreseeable; both had knowledge of the danger and failed to take reasonable steps to avoid it. Apportionment of liability should be equal as both were equally responsible for the existence of the danger.

Parties
Claimant/respondent: Jasmine Alexander; Defendant/appellant: Freshwater Properties Limited; Defendant/appellant: Christopher Place (trading as Place Construction)
Jurisdiction
England and Wales
Judgment Date
27 July 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeals against liability dismissed; builder’s appeal on apportionment allowed.
Legal Topics
Duty of Care, Apportionment of Liability, Personal Injury, Contributory Negligence
Tort Occupiers' Liability Negligence Duty of Care Apportionment of Liability Personal Injury Contributory Negligence

Case Brief

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Parties

Jasmine Alexander

Claimant/respondent

Freshwater Properties Limited

Defendant/appellant

Christopher Place (trading as Place Construction)

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the builder and landlord were negligent in failing to ensure the safety of the front door after removal of the handle
  2. 2 Whether the risk of injury was reasonably foreseeable
  3. 3 Whether the landlord could rely on section 2(4)(b) of the Occupiers’ Liability Act 1957

Ratio Decidendi

Both builder and landlord were negligent as the risk of injury from the heavy door with a defective self-closing mechanism and missing handle was reasonably foreseeable; both had knowledge of the danger and failed to take reasonable steps to avoid it. Apportionment of liability should be equal as both were equally responsible for the existence of the danger.

Court Disposition

Appeals against liability dismissed; builder’s appeal on apportionment allowed.

Orders

  • Liability apportioned equally between builder and landlord.
  • Permission to appeal and extension of time granted to landlord.