Platt -v- OBH Luxury Accomodation Ltd & anor [2015] IEHC 793 (11 November 2015)

Platt -v- OBH Luxury Accomodation Ltd & anor [2015] IEHC 793 (11 November 2015)

The defendants failed to discharge the burden of proof that the plaintiff intentionally jumped from the window. The window was unsafe and breached statutory and common law duties, rendering the first defendant liable. The plaintiff was contributorily negligent, with fault apportioned at 40% to plaintiff and 60% to first defendant.

Citation
[2015] IEHC 793
Parties
Plaintiff: Jason Platt; First Defendant: OBH Luxury Accommodation Limited; Second Defendant: Ciaran Fitzgerald
Jurisdiction
Ireland
Judgment Date
11 November 2015
Procedural Posture
Personal Injury / Final Judgment
Outcome
Liability found against first defendant for negligence and breach of statutory duty; contributory negligence apportioned at 40% to plaintiff, 60% to first defendant.
Legal Topics
Occupiers' Liability, Hotel Proprietor's Duty, Negligence, Contributory Negligence, Building Regulations, Duty of Care
Tort Law Statutory Liability Personal Injury Occupiers' Liability Hotel Proprietor's Duty Negligence Contributory Negligence Building Regulations +1 more

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Parties

Jason Platt

Plaintiff

OBH Luxury Accommodation Limited

First Defendant

Ciaran Fitzgerald

Second Defendant

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff fell or jumped from the window
  2. 2 Liability of hotel proprietor and occupier for unsafe window
  3. 3 Contributory negligence of the plaintiff

Ratio Decidendi

The defendants failed to discharge the burden of proof that the plaintiff intentionally jumped from the window. The window was unsafe and breached statutory and common law duties, rendering the first defendant liable. The plaintiff was contributorily negligent, with fault apportioned at 40% to plaintiff and 60% to first defendant.

Court Disposition

Liability found against first defendant for negligence and breach of statutory duty; contributory negligence apportioned at 40% to plaintiff, 60% to first defendant.

Orders

  • Plaintiff entitled to damages subject to 40% reduction for contributory negligence.
  • First defendant liable for breach of statutory and common law duty.