High Court, on appeal from the Circuit Court, dismisses a claim for personal injuries by a hill-walker arising from a trip and fall in an indentation on a boardwalk made of old railway sleepers on a national way-marked route, on the grounds that: a) the hill walker had been guilty of contributory negligence in that she had not been looking at the surface of the boardwalk when she fell; and b) that the standard of care required of the defendant in maintaining the boardwalk had to be adapted to the conditions and the social utility of the boardwalk itself, such that the defendant had not been negligent in failing to fill in the indentation or replace the sleepers in the boardwalk.
Circuit Court appeal - personal injuries - fall while hiking - tip and fall on boardwalk - boardwalk made of railway sleepers - recreational user - rotten timbers in boardwalk - tripping hazard - denial of negligence - allegation of contributory negligence - national way-marked route - portion of route through national park - deterioration of wire on sleepers around 2006/07 - National Trails Office - inspection every second year - wearing of sleepers - foot caught in wood - injury on upturned nails - stitches in knee - antibiotics - cancellation of planned holiday - mechanism of the fall - fall when foot came in contact with hole in sleeper - whether plaintiff looking at surface of the boardwalk when she fell - whether defendant permitted to allow the deterioration of the sleepers before replacement - s 1 and 4(4) of the Occupier’s Liability Act 1995 - structure provided for use by recreational users - whether unsafeness of structure attributable to a failure to exercise reasonable care to maintain - whether boardwalk was a structure - whether standard of care changed depending on the contest and social value of the activity giving rise to the risk - social utility of defendant’s conduct - purpose of boardwalk - to protect against erosion of protected habitat - to provide access for all entrants to site of great natural beauty.
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