Pollock v Cahill [2015] EWHC 2260 (QB)

A blind man had fallen from a bedroom window at the Defendant’s home sustaining paraplegia. His claim was worth over £2million. Liability for the accident was disputed. The Court found, on the evidence, that the Defendant had left the window open as the room was being made up. The Claimant had fallen through it whilst trying to find the bathroom in the middle of the night. An occupier’s duty of care under section 2 of the Occupiers’ Liability Act 1957 requires them to consider a known vulnerability of any visitor. By opening the window, the Defendant had created a risk to the Claimant and had not warned him of it. The Judge rejected the Claimant having sleepwalked, or having overbalanced after deliberately leaning out of the window. He had not known about it.

August 15, 2015 · Editorial Team · Comments Closed
Posted in: Cases