0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Young v Kent County Council, High Court, 14 March 2005

21 March 2005
The issues

Children – 12 Year Old Falling Through Skylight – Occupier’s Liability – Degree Of Claimant’s Contributory Negligence

The facts

The Claimant was aged 12 at the time of the accident. He was at a Youth Club which was operating on the school’s premises. He climbed onto the roof using the flu of an extractor fan on one side of the building. He fell through a brittle skylight. There was a report from the HSE which noted a problem with access to the roof prior to the accident.

The decision

The state of the premises was inherently dangerous given the brittle nature of the skylight. The area was a known meeting place for children. The Council knew or ought to have known that children were likely to climb the flu onto the roof. The solution to the problem was low cost. There was a duty to protect children. If the Claimant had not been a child he would have recovered nothing.

However, as the Claimant was as much to blame as the County Council and the Claimant’s contributory negligence would be assessed at 50%.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up