Geary v JD Wetherspoon Plc [2011] EWHC 1506 (QB) (14 June 2011)

Geary v JD Wetherspoon Plc [2011] EWHC 1506 (QB) (14 June 2011)

The claimant voluntarily assumed an obvious and inherent risk by sliding down the banister, fully aware of the danger, and the defendant did not assume responsibility for her safety. There was no defect in the premises, and the risk arose from the claimant's own actions. Therefore, no duty of care was owed by the defendant, and the claim fails both at common law and under the Occupiers' Liability Acts.

Citation
[2011] EWHC 1506
Parties
Claimant: Mrs Ruth Geary; Defendant: J D Wetherspoon PLC
Jurisdiction
England and Wales
Judgment Date
14 June 2011
Procedural Posture
Personal Injury Claim (negligence and Occupiers' Liability) / Judgment on Liability After Trial
Outcome
Claim dismissed
Legal Topics
Negligence, Occupiers' Liability Act 1957, Occupiers' Liability Act 1984, Voluntary Assumption of Risk (volenti Non Fit Injuria), Assumption of Responsibility, Duty of Care, Foreseeability, Proximity, Fair, Just and Reasonable Test
Tort Law Personal Injury Occupiers' Liability Negligence Occupiers' Liability Act 1957 Occupiers' Liability Act 1984 Voluntary Assumption of Risk (volenti Non Fit Injuria) Assumption of Responsibility +4 more

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Parties

Mrs Ruth Geary

Claimant

J D Wetherspoon PLC

Defendant

Procedural Posture

Personal Injury Claim (negligence and Occupiers' Liability) / Judgment on Liability After Trial

Legal Issues

  1. 1 Whether the defendant owed a duty of care to the claimant in respect of injuries sustained while sliding down a banister
  2. 2 Whether the claimant voluntarily assumed an obvious and inherent risk, negating liability
  3. 3 Whether the defendant assumed responsibility for the claimant's safety

Ratio Decidendi

The claimant voluntarily assumed an obvious and inherent risk by sliding down the banister, fully aware of the danger, and the defendant did not assume responsibility for her safety. There was no defect in the premises, and the risk arose from the claimant's own actions. Therefore, no duty of care was owed by the defendant, and the claim fails both at common law and under the Occupiers' Liability Acts.

Court Disposition

Claim dismissed