Geary v JD Wetherspoon Plc

Geary v JD Wetherspoon Plc

The claimant voluntarily assumed an obvious and inherent risk by sliding down the banisters, and the defendant owed no duty of care to protect her from such risk. There was no relevant assumption of responsibility or reliance by the claimant on the defendant. The claim fails as a matter of law under both statutory and common law principles.

Parties
Claimant: Mrs Ruth Geary; Defendant: J D Wetherspoon PLC
Jurisdiction
England and Wales
Judgment Date
14 June 2011
Procedural Posture
Personal Injury Negligence Claim / Judgment on Liability
Outcome
Claim dismissed
Legal Topics
Voluntary Assumption of Risk, Duty of Care, Occupiers Liability Act 1957, Occupiers Liability Act 1984, Assumption of Responsibility, Proximity, Fair, Just and Reasonable Test
Tort Law Occupiers' Liability Voluntary Assumption of Risk Duty of Care Occupiers Liability Act 1957 Occupiers Liability Act 1984 Assumption of Responsibility Proximity +1 more

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Parties

Mrs Ruth Geary

Claimant

J D Wetherspoon PLC

Defendant

Procedural Posture

Personal Injury Negligence Claim / Judgment on Liability

Legal Issues

  1. 1 Whether the claimant voluntarily assumed an obvious and inherent risk
  2. 2 Whether the defendant owed a duty of care to the claimant
  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 banisters, and the defendant owed no duty of care to protect her from such risk. There was no relevant assumption of responsibility or reliance by the claimant on the defendant. The claim fails as a matter of law under both statutory and common law principles.

Court Disposition

Claim dismissed