Occupiers’ Liability

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  • FOIL

This was an appeal from a judgment in favour of the claimant, the widow and personal representative of the estate of her late husband, (the deceased), in respect of his death, when he fell from a second floor window while a visitor at the defendant’s hotel. A reduction of 60% was made for the deceased's contributory negligence. The deceased, aged 41, was staying in a twin room on the second-floor of the hotel. At around 2.46am, the deceased fell to his death from the sash window of the room. He landed on the pavement approximately nine metres from the window.

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