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Targett v Torfaen BC

[1992] 3 All ER 27

Case summary last updated at 18/01/2020 16:26 by the Oxbridge Notes in-house law team.

Judgement for the case Targett v Torfaen BC

P was a tenant in a house built by D which had a dangerous route of entrance. P was aware of the danger but was injured one night in returning via the entrance and sued D. CA allowed the claim and his knowledge did not break the chain of causation nor was it reasonable to expect him to make his own changes to the entrance nor was it unreasonable for him to run the risk of being injured since it was the only entrance to the house. 
Russell LJ: A plaintiff’s knowledge of or opportunity to inspect a defect will not exclude D’s liability except where P was free to remove or avoid the danger (i.e. it was reasonable for him to do so) AND unreasonable for him to run the risk of injury.

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