Key Case | Wells v Cooper (1954) | Negligence - Breach of Duty - Ordinary Person

This case established that an amateur undertaking a task will be compared to a reasonably competent amateur, not a professional employed in the field of the task being completed.

CASE SUMMARY

Claimant: Visitor to the defendant’s property

Defendant: Occupier of premises

Facts: The defendant fitted a new outside door handle on the back door of his house with screws that were not fit for purpose. The door was at the top of some steps. On the day of the incident the door was particularly difficult to close as there was a high wind on that day. The claimant was leaving the house and pulled the door hard shut to close it. The handle came away and he fell down the steps and was injured.

Outcome: Not Liable

Legal principle: The defendant was perfectly entitled to complete the task himself. He was to be judged by the standards of a reasonable amateur carpenter undertaking the task at home, not a professional carpenter employed for the task.