Study Notes
Key Case | Alexander v Freshwater Properties (2012) | Occupiers Liability - Lawful Visitors - Independent Contractors
- Level:
- A-Level, BTEC National
- Board:
- AQA, Edexcel, OCR, IB, Eduqas, WJEC
Last updated 8 Oct 2020
In cases of occupiers liability and independent contractors, where both bear fault it is possible for both to found liable.
CASE SUMMARY
Claimant: Alexander
Defendant: Freshwater Properties
Facts: The claimant suffered injury to her index finger when it became caught in the front door of the block of flats she lived in, the injury resulted in partial amputation to her finger. The occupiers (defendants) had employed an independent contractor to refurbish the door handles. The independent contractor left the refurbishment incomplete for a number of weeks, which combined with the ineffective self-closing mechanism, as known to the landlords, caused the door to pose a danger.
Outcome: Liable
Legal principle: Both the occupier and the independent contractor were held to be equally liable.