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High Court dismisses action for personal injuries allegedly caused by a kettle in a hotel room that 'exploded' and scalded the plaintiff, on the grounds that: (a) the plaintiff had failed to establish that the accident happened in the manner alleged; and (b) the expert evidence did not establish any negligence on the part of the hotel owner.
Personal injuries - guest in hotel - scalding injury from kettle in room that 'exploded' - use of kettle earlier in evening - return after going to public house - explosion of kettle - nature of injuries - permanent discoloured area - whether action should have commenced in lower court - inspection of kettle - suggestion that 'explosion' cause by a build up of limescale in the kettle - 'omnia praesumuntur contra spoliatorem', i.e. everything is presumed against a wrongdoer who destroys evidence - contradictions in expert evidence.
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