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Law Cases
Tort Law Cases
Defective Premises Cases

Targett v Torfaen BC [1992] 3 All ER 27

Country:
United Kingdom
By Oxbridge Law Team
Russell LJ

  • Plaintiff was a tenant in a house built by Defendant which had a dangerous route of entrance.

  • Plaintiff was aware of the danger but was injured one night in returning via the entrance and sued Defendant.

  • CA allowed the claim and his knowledge did not break the chain of causation nor was it reasonable to expect him to make his own changes to the entrance nor was it unreasonable for him to run the risk of being injured since it was the only entrance to the house. 

Russell LJ

  • A plaintiff’s knowledge of or opportunity to inspect a defect will not exclude Defendant’s liability except where Plaintiff was free to remove or avoid the danger (i.e. it was reasonable for him to do so) AND unreasonable for him to run the risk of injury.

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