Cases - Targett v Torfaen Borough Council
Record details
- Name
- Targett v Torfaen Borough Council
- Date
- [1992]
- Citation
- 3 AII ER 27
- Legislation
- Keywords
- Contract administration
- Summary
-
A landlord who is responsible for the design and construction of a house let by him is under a duty to take reasonable care to ensure that the house is free from defects which are likely to cause injury to any person whom he ought reasonably to have in contemplation as likely to be affected by such defects. Such liability was owed by the local authority landlord to a tenant who was injured by falling down dangerously constructed steps.
It was not enough for the landlord to point to the fact that the tenant knew of the danger, in circumstances where it was not realistically possible for the tenant to avoid the danger. Whether knowledge of or an opportunity to inspect a danger is enough to negative a duty of care depends on all the circumstances and whether it is fair, just and reasonable to expect the claimant to remove or avoid the danger.