Targett v Torfaen Borough Council
Targett v Torfaen Borough Council
- 1992
- All England Law Reports (1992) All ER 27-38(12) .
CA 21 November 1991. Appeal from cc decision finding in favour of a council tenant (T) in an action claiming damages for personal injuries. Court also held that T was 25% contributorily negligent. T had fallen down a flight of steps leading to his house which had no handrail or lighting. Council appealed, contending that it could not be liable as T had known of the dangerous defect which had subsequently caused his injuries and should have avoided the danger. CA held, that applying the principle that a landlord who was responsible for the design and construction of a house let by him was under a duty of care to take reasonable care to ensure that the house was free from defects likely to cause injury to any person, the council owed a duty of care to T to provide a handrail or lighting for the steps, notwithstanding T`s knowledge of the defect which had caused his injuries. It was not reasonable or practical for T to move out of the house or to provide a handrail or lighting for the s
COUNCIL HOUSING
DESIGN
DUTY OF CARE
NEGLIGENCE
CA 21 November 1991. Appeal from cc decision finding in favour of a council tenant (T) in an action claiming damages for personal injuries. Court also held that T was 25% contributorily negligent. T had fallen down a flight of steps leading to his house which had no handrail or lighting. Council appealed, contending that it could not be liable as T had known of the dangerous defect which had subsequently caused his injuries and should have avoided the danger. CA held, that applying the principle that a landlord who was responsible for the design and construction of a house let by him was under a duty of care to take reasonable care to ensure that the house was free from defects likely to cause injury to any person, the council owed a duty of care to T to provide a handrail or lighting for the steps, notwithstanding T`s knowledge of the defect which had caused his injuries. It was not reasonable or practical for T to move out of the house or to provide a handrail or lighting for the s
COUNCIL HOUSING
DESIGN
DUTY OF CARE
NEGLIGENCE