A woman who frequently visited her neighbour did not usually use the steps leading to the house but walked on the grass. However she did use the steps on this occasion. It had been raining heavily, and she did not use the handrail on the steps because she was holding an umbrella. The accident occurred when she slipped on a part of the steps that was wet and slippery, and fell.
The home owner and insurer were found to be negligent because he had known of the risk but had not responded adequately to it. But for the slippery nature of the steps, the injured person would not have fallen in the accident. The Court assessed the Plaintiff’s contributory negligence at 15%, as she had also known of the slippery nature of the steps and failed to take reasonable care of her own safety. The Court held that the Defendant was still 85% to blame as he had not responded adequately to the risk posed by the slippery nature of the steps to his own home. The Plaintiff was awarded compensation accordingly.
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