Tuesday 8 October 2013

English Legal Cases Maded Easy Episode 7 - Oh Dear, What Can the Matter Be - in which a public convenience becomes extremely inconvenient



Imagine how you would feel if you went into a public lavatory, shut the door behind you and when you went to leave, found the lock was broken and you couldn't get out. Oh dear! This is what happened to poor Mrs Sayers way back in the '50's when there was such a thing as a public toilet. The poor lady was well and truly stuck in the lavatory and the only thing she could think to do was to escape over the top. Unfortunately, she decided to use the toilet-roll holder as a step-ladder. Sadly for her, the toilet-roll holder did what they are put on this earth to do - that is - roll. Mrs Sayers fell and hurt her leg. I'll put you out of your misery at this point as you are probably agog with anxiety as to how badly poor Mrs Sayers was hurt and I'll tell you that apparently it "wasn't serious" but it "wasn't trivial". Mmmm...that's what I like - straight talking!

Naturally, (and let's face it, it was the call of nature that started this whole thing) Mrs Sayers took the local authority to court for their negligence in not maintaining their toilet cubicles to a proper standard and she won. She did, however, lose a portion of the damages awarded to her because the court felt that putting your whole weight on to a toilet-roll holder was probably not appropriate in all the circumstances.

This case is an example of contributory negligence - that is, that although the person suffered an injury due to somebody else's negligence, their own negligence contributed to that injury. In this case, Mrs Sayers was held to have contributed to her own injury to the level of 25%. (Case citation: Sayers v Harlow UDC (1958) 1 WLR 623).

I suppose, to be on the safe side, one should perhaps leave the door open to prevent this kind of calamity but on the other hand, there are certain things one should keep to oneself - wouldn't you agree?

Tina Morgan   www.john-kennedy.co.uk
Legal-easy

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