Law Tort Case Study Example | Topics and Well Written Essays - 500 words

Law Tort - Case Study Example Keown also suffered from changes in the brain that led him to be convicted of several sexual offences later in his life. The claimant stated that as the premises had no suggestion that the fire escape was fragile, the claimant suffered his injuries because of the poor state of the premises. The NHS Trust which owned the property pointed out that Mr. Keown could be treated as a trespasser when he climbed the fire escape. Considering the danger of the state of the premises, the Trust was asked to pay a third of the damages to the claimant and the Trust appealed. The Trust placed their defence that the fire escape was not by itself dangerous and Justice Lewinson ruled that there was no reason of any danger due to the state of the premises and thus the claimant's appeal failed. The relevant cases which were cited in order to provide a judgment on this case include Donoghue v Folkestone Properties Ltd [2003] QB 1008, [2003] EWCA Civ 231 in which a young adult had dived into Folkestone harbour after midnight in mid-winter and struck his head on an underwater pile. The court ruled that there are some features within certain premises that are not inherently dangerous but which may tempt a person on the land to indulge in an activity which carries a risk of injury. In this case for Kweon, although the premises were not dangerous, his own actions seem to have caused him personal injury.