Targett v Torfaen BC [1992] 3 All ER 27

Facts

  • The claimant, a tenant of Torfaen Borough Council, was injured after tripping on a defective step in the communal area of a property owned by the local authority.
  • The defective step had been in a state of disrepair for some time and was visibly obvious to those using the area.
  • The claimant was aware of the hazard prior to the incident.
  • The local authority had not repaired the step at the time of the accident.

Issues

  1. Whether the local authority owed a duty of care to the tenant to repair a defect that was obvious and known to the claimant.
  2. Whether liability arises under the Occupiers' Liability Act 1957 for injuries resulting from hazards that are both apparent and avoidable.
  3. To what extent tenants bear responsibility for avoiding obvious risks on the property.

Decision

  • The Court of Appeal held that the local authority was not liable for the tenant’s injuries.
  • The court determined that the duty of care does not extend to protecting tenants from risks that are both obvious and known.
  • It was found that a reasonable person in the claimant’s position should have taken steps to avoid the danger.
  • The authority’s obligation is limited to taking reasonable care for hazards that are not readily apparent.

Legal Principles

  • Under the Occupiers' Liability Act 1957, occupiers have a duty to take reasonable care to ensure premises are reasonably safe, but this duty is not absolute.
  • The duty is balanced with the visitor's or tenant’s own responsibility for their safety, particularly regarding obvious hazards.
  • Liability is unlikely where the hazard is apparent and avoidable by the injured party.
  • Local authorities are not insurers of safety and are not required to eliminate all risks from their premises.

Conclusion

The Court of Appeal established that local authorities are not liable for injuries resulting from obvious and avoidable dangers on their premises, affirming that the occupier’s duty of care is limited and tenants must take reasonable precautions for their own safety.

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