MARK DANIELS - Adviser on visitor and occupational health and safety at historic buildings, parks, gardens, coast and countryside

News archive April 2014

11th April 2014

Woman loses claim for civil damages after falling over wall at Roman site

An accident occurred at the Roman Painted House in Dover, Kent in July 2007. A woman on a night out with a friend fell over a wall at the site and sustained head injuries including a fractured skull which apparently left her with epilepsy. She had entered the private car park at the site to urinate while waiting for a taxi home after a few drinks.

The court heard that there had been no other accidents at this 3' high wall, which had been built about 40 years previously, was in good condition, painted white and readily visible.

Dover Roman Painted House Trust and Dover District Council denied liability. The judge found that she was a trespasser in law and rejected her claim that the site was dangerous. He also said that even if he had decided in her favour on liability, he would have found more than 50% contributory negligence on her part.

More details here -