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Clark v, Bourne Leisure Limited, CA, 30/06/11

Description

No Breach Of Duty By Occupier To Wheelchair User Where Wheelchair Ramp Provided And Steps Visible:The Court of Appeal allowed the appellant company's appeal against a decision that its premises were not reasonably safe for a wheelchair user. The claimant visitor, who had previously used a ramp to transcend different levels within a bar area within the premises, had later mistakenly gone down a set of steps on the other side of the bar area, thereby tipping her wheelchair and causing her to fall out and sustain personal injuries. The Court of Appeal substituted its own view on the issue of safety and held that the premises were reasonably safe for wheelchair users as there was a ramp for wheelchair use. The Court of Appeal further held that whilst the steps were not safe for wheelchair use, they were easily visible and as such, would have been avoided by any wheelchair user taking reasonable care for their own safety.

Specifications

  • Court of Appeal
  • Saturday, 27 August 2011

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