Court of Appeal
James v The White Lion Hotel
[2021] EWCA Civ 31
2020 Nov 24, 25;
2021 Jan 15
King, Nicola Davies, Elisabeth Laing LJJ
Occupiers’ Liability“Common duty of care”Visitor’s knowledge of danger Deceased falling from window whilst guest at hotel operated by defendant Defendant pleading guilty to criminal offence under health and safety legislationWife of deceased bringing civil claim for breach of common duty of care owed to visitors to premises Whether uncontested facts of criminal conviction ipso facto giving rise to civil liabilityWhether deceased’s knowledge and acceptance of risk precluding finding of duty owed by defendant Occupiers’ Liability Act 1957 (c 31), s 2 Health and Safety at Work Act 1974 (c 37), s 3

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