Butcher v Southend-On-Sea Borough Council

Butcher v Southend-On-Sea Borough Council

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 ensure visitors were safe, establishing breach of duty under the Occupiers Liability Act 1957.

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
Outcome
appeal dismissed
Legal Topics
Duty of Care, Contributory Negligence, Reasonable Foreseeability
Tort Occupiers Liability Duty of Care Contributory Negligence Reasonable Foreseeability

Case Brief

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Parties

Mrs Linda Mary Butcher

Claimant/respondent

Southend-on-Sea Borough Council

Defendant/appellant

Procedural Posture

Personal Injury / Appeal

Legal Issues

  1. 1 Whether the defendant council breached its duty of care 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 ensure visitors were safe, establishing breach of duty under the Occupiers Liability Act 1957.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.