Whilst claims against householders are relatively rare, if there has been negligence on the part of a homeowner, then they will become liable in law to pay damages to a Claimant who has sustained injury in their home.

A recent case which, although tragic, is a good example of the duty of care owed to a visitor, with particular reference to the known vulnerabilities of the visitor.

The Claimant, Mr Pollock, had gone blind at 22. Although blind he remained very active and was the first blind man to ever reach the South Pole.

After attending Henley Royal Regatta in 2010, Mr Pollock returned to his friend’s house. Tragically, Mr Pollock fell from his second-storey window, sustaining spinal and brain injuries. It left him paralysed from the waist down.

The Claimant’s case was that he fell through the window due to the Defendant’s breach of duty as the occupier. Although it was argued by the homeowner’s that the window was barely open, the judge rejected this and held the window must have been open wider than had been contended. The court found that on balance the Claimant had lost his “internal compass” and when he reached for the window, he believed that he had been at the door and his forward momentum took him through the window.

Having left the window open in the face of reasonably foreseeable risk, the homeowners were found liable.

Although this tragic accident was probably caused by an honest oversight, it was not sufficient to defeat the claim and the simple step of checking and closing the window would have prevented this accident.

If you need any advice regarding an accident that wasn’t your fault, please don’t hesitate to contact our expert personal injury team. Contact us for a call back or message us your enquiry.