This case is about the common law duty to inspect and the similar duty under the Occupiers’ Liability Act.
A swimming pool had lots of second hand plastic chairs. The claimant sat on one and it snapped and she fell to the ground.
The defendant said that they had a system of inspecting chairs but had no documents to back that up. The pool man just said the system was to report faults if staff found them. After the accident, all he had done was collect the chair and put it in the bin. He did not inspect it or any other chairs in light of the accident but just decided to get rid of them all later that summer.
The Judge found there was no system of inspection at all and was critical of the response to the accident stating that collapsing chairs had the potential for serious injury.
Judgment for the claimant.
Sunderland County Court, 22 June 2009.