Council defeats claim brought by trespasser who fell through school skylight

Staffordshire County Council need not compensate a youth who was seriously injured when he fell through a skylight at a school while trespassing, the High Court has ruled.

Thomas Buckett, then aged 16, trespassed on the roof of Clayton Hall Business & Language College, in Newcastle-under-Lyme, and fell when he stood on a glassed area while making his way between two roof sections.

He suffered a severe head injury, resulting in a depressed comminuted skull fracture.

This in turn, the judgment noted, “resulted in the claimant experiencing a significant right sided hemiparesis, requiring a tracheostomy and in turn, so as to assist in the relief of raised intracranial pressure, a cranioplasty – all in all, a desperate life-threatening state of affairs”.

Buckett, now aged 20, has been left with significant physical, intellectual and behavioural dysfunction and brought the case through his mother as a protected party.

HHJ Main found that the Occupiers’ Liability Acts 1984 could not be relied on in this case.

He said the claimant did “not establish that the duty under the 1984 Act is engaged. I do not accept that these skylights and this skylight in the context of its structure, makeup and location on this roof, was a danger due to the state of the premises or things done or omitted to be done on them”.

The judge concluded: “As no duty is owed to the claimant under the 1984 Act and as I cannot find any other alternative basis to support a claim against the defendant, on the footing that there is no other duty owed to the claimant as a trespasser, there must be judgment in favour of the defendant and the claim dismissed.”

Even had the judge found in Buckett’s favour, he said would have held him 50% responsible for his own injuries by trespassing.

Staffordshire chief executive John Tradewell said: “This was a terrible incident that has had a profound and life-changing impact on Thomas and his family. We have every sympathy with them and wish Thomas well in his continued recovery.

 “However, our decision to defend this case was about fairness to the taxpayer.

“We do not think it is right or fair that public money is used to compensate for injuries sustained during a trespass.  We feel that the judge has made the right decision, based on the evidence presented in court. 

“The county council will continue to help Thomas access the care and support he needs to live as fulfilling a life as possible.”

Mark Smulian