The Law Reports (Appeal Cases)
[1974] AC 1
[HOUSE OF LORDS]
WESTWOOD AND ANOTHER APPELLANTS AND POST OFFICE RESPONDENTS
1973 June 11,
12;
July 25
July 25
Lord Wilberforce, Lord Simon of Glaisdale, Lord Cross of Chelsea, Lord Kilbrandon and Lord Salmon
Office Premises
— Telephone exchange
— Lift motor room
— Notice stating that only authorised attendant permitted to enter
— Room occasionally used by technicians employed on premises as means of access to roof for recreation
— Technician fatally injured by trap door in floor of room giving way
— Whether room part of “office premises”
— Whether Post Office liable for breach of statutory duty
— Whether technician outside protection of Act of 1963 as trespasser
— Whether guilty of contributory negligence
—
Offices, Shops and Railway Premises Act 1963 (c. 41), s. 1 (1) (2)[1]
2
Statutory Duty
— Breach: contributory negligence
— Breach of duty by employer
— Floor in once premises not of sound construction
— Employee fatally injured by fall
— Employee in part of premises where not authorised to go
— Whether guilty of contributory negligence
— Whether deliberately exposing self to possible dangers
—
Offices, Shops and Railway Premises Act 1963, ss. 1 (1) (2), 16 (1)