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The Court of Appeal has allowed appeal and overturned a High Court decision awarding damages to a plaintiff who tripped over a kerb at a fuel station, ruling that the kerb did not constitute an unusual danger and therefore the defendant had not breached their duty of care. The High Court had previously found in favor of the plaintiff, who suffered an injury after tripping on the kerb. However, the Court of Appeal determined that the kerb was a usual danger that the plaintiff could have anticipated and should have taken reasonable care to avoid. Consequently, the plaintiff's claim was dismissed, and the defendant was deemed not negligent.
Occupiers' Liability Act 1995, usual danger, unusual danger, duty of care, trip and fall, fuel station, kerb, Court of Appeal, High Court, negligence, contributory negligence, reasonable care, premises liability, common duty of care, proximate cause, liability, 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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