A local authority tried to defeat a personal injury claim by arguing that they did not know they owned the property at the time of the accident therefore could not owe a duty of care to people using the land.
In the case of Harvey v Plymouth City Council, Mr Harvey made a personal injury claim after he fell over some broken fencing, falling 5½ metres, sustaining serious brain injuries as a result of the accident. The land had been licensed for use by a supermarket for two years some eight years previously and after the two years the land reverted back to the local authority’s ownership. The local authority had failed to inspect or maintain the land, although they did continue mowing a nearby grass verge.
It was found that the local authority knew they owned the land before the two year licence by the supermarket and should have taken steps to ensure the land was safe for use by the public when the two year licence expired. The local authority owed a duty of care under the Occupiers’ Liability Act 1957 to ensure members of the public using the land were reasonably safe.
Plymouth City Council accepted that they owned the land. As they could not provide evidence to show they had a reasonable system of inspection and maintenance in place for the land, then the personal injury claim succeeded. However, Mr Harvey’s damages were reduced by 75% as he was found to be contributorily negligent because he had been drinking heavily.
If you have been injured in a slip, trip or falling accident that was not your fault, please contact Vickki Ridgway on 0116 212 1055 now or complete one of the on-line forms.
