No duty on hotel to prevent adult falling from window

This case dealt with the duty owed under the Occupiers’ Liability 1957, section 2 to a hotel visitor who had fallen from a second floor bedroom window after leaning out.

It was held the window was no obvious source of danger to an adult and no accident had ever occurred before this one. The Court of Appeal said it followed that it was not reasonably foreseeable that an adult would lean out of the window in such a way as to suggest that the occupier should have restricted the way in which the window opened.

Lewis -v- Six Continents PLC, CA, Civ Div, [2005] All ER (D) 170 Dec