A man has been awarded damages after falling into a castle moat, there were no warning signs, and while there are those who disagree with the idea of a compensation culture, the law is there for a reason.
The family were on a day out at the historic monument and the grandfather slipped while walking down a hill and was thrown over a bastion wall into a 12 foot drop to the dry moat, sustaining severe head injuries.
He sought redress through the court and sued English Heritage. The moat, while not an obvious hazard as it is behind a wall, should have displayed a warning to visitors of the sheer drop. On that basis it found them 50% responsible for the incident.
English Heritage challenged that decision at the Court of Appeal citing the need to keep historic sites as free from unnecessary signs as possible to maintain their authenticity. They also added that this was a step towards a compensation culture.
The Court acknowledged the fact that English Heritage and others involved in visitor attractions had to make a balance between safety and authenticity and dismissed the appeal. The judge had found in this case that English Heritage had not taken reasonable steps to maintain safety for the grandfather. Compensation has not yet been determined.
If you have suffered an accident that was not your fault then please contact us by telephone at our Corby office on 01536 276300 or call our Kettering office on 01536 311690 or simply get in touch online by clicking here.
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