- Occupiers’ liability—hotel not liable for criminal injuries inflicted upon guests by intruder (Al-Najar v The Cumberland Hotel)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Personal Injury analysis: The claimants claimed damages for grievous injuries inflicted upon them by an intruder while they were guests at the defendant’s hotel. The claimants’ bedroom door had been left open on the latch. The judge at first instance dismissed the claim on the basis that the hotel had met the required standard of care. The claimants appealed on the grounds that the judge had incorrectly assessed the standard of care. The Court of Appeal upheld the decision of the trial judge, and dismissed the appeal. This decision reiterates the principle that an appellate court must resist interfering with findings of fact unless compelled to do so. Written by Camilla Church, barrister at 39 Essex Chambers.
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