Westwood v Post Office

Subject Matter

NEGLIGENCE — Duty of care to whom? — Trespasser — Post Office occupying telephone exchange — Technician employed on premises — Using lift room as means of access to roof for recreation — Notice on door forbidding entry — Dangerous floor — Technician fatally injured — Whether Post Office liable to widow — Whether contributory negligence by technician

[1973] QB 591; [1973] 2 WLR 135

OFFICE PREMISES — Telephone exchange — Lift machinery 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, s 1 (1) (2)

[1973] QB 591; [1974] AC 1; [1973] 2 WLR 135; [1973] 3 WLR 287

STATUTORY DUTY — Breach: contributory negligence — Breach of duty by employer — Floor in office 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)

[1974] AC 1; [1973] 3 WLR 287

Appellate History