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High Court dismisses a claim brought by an individual who sustained injuries after attempting to climb over a locked gate on hospital premises. The plaintiff argued that the gate was defective and unstable, causing him to fall. However, the court found that the defendant hospital did not breach its duty under statute, as the gate was not intended to be climbed and the plaintiff's actions were deemed an unacceptable risk. The court concluded that the plaintiff's injuries were a result of his own decision to climb the gate, and not due to any defect in the gate itself.
Occupiers Liability Act 1995 - trespasser - contributory negligence - premises liability - hospital security - palisade gate - personal injury claim - duty of care - reckless disregard - security measures - CCTV evidence - engineering testimony - risk assessment - court judgment.
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