Study Notes
Key Case | Trustees of the PYAC v Poppleton (2008) | Occupiers Liability – Danger Arising due to the State of the Premises
- Level:
- A-Level, BTEC National
- Board:
- AQA, Edexcel, OCR, IB, Eduqas, WJEC
Last updated 8 Oct 2020
A claimant will only be able to make a claim in occupiers liability where it can be proved that the risk of harm arose due to the dangerous state or condition of the premises, not due to the claimant’s actions on those premises.
CASE SUMMARY
Claimant: Poppleton – amateur climber
Defendant: Trustees of the PYAC, of an indoor climbing centre
Facts: The claimant went ‘bouldering’, an activity he had undertaken before at the defendant’s indoor climbing centre. Whilst the claimant was not specifically advised of any safety procedures there were visible rules on walls inside the building. The claimant did not read the rules and jumped from the wall, an act that was strictly prohibited and suffered injury as a result.
Outcome: Not Liable
Legal principle: There was no claim in occupiers’ liability as there was no concern or breach in relation to the state of the premises. The injuries were caused by the actions of the claimant whilst on the premises.