Woman loses skylight fall claim

http://news.bbc.co.uk/go/rss/-/1/hi/england/london/6503327.stm

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A young woman seriously injured in a fall through a garage skylight next to her flat has lost a damages action against her landlord.

Anna Mayers, who had been celebrating her 24th birthday at the time, had her case dismissed by a judge at London's High Court.

Sir John Blofeld ruled Mrs Mayers, now 29, had been a trespasser.

He threw out the claim against Piyush and Naginbhai Patel, of Hendon, north west London, who denied responsibility.

Mrs Mayers, who has no recollection of her fall, suffered serious head and orthopaedic injuries in the 2002 incident.

Although I have the deepest sympathy for the claimant... I am afraid that she has not made out her case and I therefore dismiss it Sir John Blofeld

The garage had been attached to the flat she was sharing with university friends.

At about midnight on the night of her fall, she and a small group of partygoers had climbed on to the roof.

She fell to the ground after accidentally stepping on to a skylight covered with clear perspex. Sir John said she had suffered "thoroughly unpleasant" injuries.

Her boyfriend - now her husband, James - had broken an ankle coming to her aid.

Sir John said the evidence was she had drunk four or five glasses of wine and a vodka jelly, but he said there was no evidence any of the party had been drunk.

He added that none of the party had any authority to go on to the garage because it was not part of the property covered by the tenancy agreement.

He also said it was not proven the state of the premises was "dangerous".

He said: "Although I have the deepest sympathy for the claimant because it is very easy to do something that one regrets afterwards... I am afraid that she has not made out her case and I therefore dismiss it."

Mrs Mayers' lawyer Stephen Nye said: "She has readily acknowledged that she was not blameless for what happened in this incident, and that she undoubtedly bears some responsibility for what happened that night.

"However, this case was brought as we considered there was a strong legal case to establish some degree of responsibility on the part of the landlord."