The door of a public toilet had a defective pay-lock. A lady found herself locked in. She tried to climb out, allowing her weight to rest on the toilet roll, which rotated. She fell and was injured. Is she liable to get damage from the local authority ? If so how much ?
The court in Sayers v. Harlow UDC (1958)(which described her plight as an ‘inconvenience’) held that her injuries were 75 per cent the fault of the local authority and 25 per cent her own fault. Damages were reduced accordingly.Here the lady is partly liable for her mistake and therefore rule of contributory damage will be applicable.