There are times when courts will disallow personal injury claims without merits …

In Blog by AAH

Hafezis Comments: This case identifies that although it may appear on the face of it that a Landlord is responsible for any injury caused as a result of painting steps outside a rented property which made them more slippery. This is because if  the landlord uses paint which expressly states it is suitable for outside, there is nothing more expected from him.

The circumstances of this case are also relevant to liability in that the Claimant was walking backwards carrying a heavy box and in rain. The main point to be taken from this is that you should always be careful of your own safety at all times as there will not always be someone else to blame… However if you have suffered an injury of an kind and are unsure as to if there is a negligent party to claim against, please do not hesitate to contact us for advice on a no-win-no-fee basis.

GILLIAN DRYSDALE v JOANNE HEDGES  (2012)
Under the Defective Premises Act 1972 s.4 or the Occupiers’ Liability Act 1957 s.2 a landlord owed no duty of  care to her tenant who had slipped on painted steps on her property and sustained injuries. Although there was a common law duty of care owed to the tenant, that duty of care had not been breached as, despite the fact that the presence of paint on the steps significantly increased their slipperiness, it had not been at all unreasonable for the landlord to paint them using outdoor paint as it was used specifically for its implied purpose.