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Court of Appeal allows appeal from High Court, and sets aside a finding that a customer was entitled to damages when she tripped over a kerb on the premises of a fuel station, on the grounds that the kerb represented a "usual danger" and not an "unusual danger", which was the requirement of the legislation. The plaintiff was deemed to have been aware of the kerb and thus should have taken reasonable care for her own safety.
Occupiers’ Liability Act, 1995, usual danger, unusual danger, trip and fall, fuel station, kerb, negligence, duty of care, reasonable care, visitor safety, common duty of care, Court of Appeal, High Court, liability, contributory negligence, premises, appeal, judgment.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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