Pollock v Cahill & Anor [2015] EWHC 2260 (QB) (30 July 2015)

Pollock v Cahill & Anor [2015] EWHC 2260 (QB) (30 July 2015)

The defendants breached their duty of care as occupiers by leaving a second-floor window open in a room occupied by a blind guest, creating a foreseeable and real risk of serious injury. The claimant did not accept the risk nor was he contributorily negligent. The injury was caused by the defendants' breach of duty.

Citation
[2015] EWHC 2260 (QB)
Parties
Claimant: Mark Pollock; Defendant: Enda Cahill; Defendant: Madeline Cahill
Jurisdiction
England and Wales
Judgment Date
30 July 2015
Procedural Posture
Personal Injury Claim / Trial on Liability Only
Outcome
Judgment for the claimant on liability
Legal Topics
Occupiers' Liability, Negligence, Duty of Care, Contributory Negligence, Volenti Non Fit Injuria
Tort Law Occupiers' Liability Negligence Duty of Care Contributory Negligence Volenti Non Fit Injuria

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mark Pollock

Claimant

Enda Cahill

Defendant

Madeline Cahill

Defendant

Procedural Posture

Personal Injury Claim / Trial on Liability Only

Legal Issues

  1. 1 Whether the defendants breached their duty of care as occupiers under the Occupiers' Liability Act 1957 resulting in the claimant's injuries
  2. 2 Whether the claimant accepted the risk (volenti) or was contributorily negligent

Ratio Decidendi

The defendants breached their duty of care as occupiers by leaving a second-floor window open in a room occupied by a blind guest, creating a foreseeable and real risk of serious injury. The claimant did not accept the risk nor was he contributorily negligent. The injury was caused by the defendants' breach of duty.

Court Disposition

Judgment for the claimant on liability

Orders

  • Defendants found liable for claimant's injuries
  • Quantum of damages limited to £2,000,000 as per claimant's express limitation