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PI Brief Update

Maynard v Wigan Metropolitan Borough Council [2011] EWCA Civ 1694 - Daniel Tobin, 12 King’s Bench Walk

26/01/12. On 28th August 2006 the Claimant fell on a grass verge located outside her home in Platt Bridge, Wigan. She suffered very modest injuries to her foot. She eventually brought a claim for personal injuries and loss against the Defendant, alleging that her fall was caused by a breach of Section 2(2) of the Occupiers’ Liability Act 1957.

The Claimant maintained that she fell because her foot had gone into a hole in the grass. She said that her foot had become stuck in it. She estimated the depth of the hole as at least 4½ inches. Her husband estimated it at 6 inches. Neither ever attempted to measure it.

The Defendant local authority accepted that...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.