Geraghty v Montgomery

• Jurisdiction: Ireland
• Judgment Date: 01 January 1953
• Date: 01 January 1953
• Court: High Court

Geraghty

and

Montgomery

Defective premises - Landlord having knowledge of defect - Personal injury to tenant's wife through collapse of floor -Invitee or licensee - Liability of landlord to members of tenant's family.

The tenant of a room in a house enjoyed as part of the tenancy the use of a lavatory situate in the yard at the rere of the house. The lavatory was also used by other tenants of the same premises and remained in the occupation of the landlord of the entire premises. The tenant's wife became aware that the floor of the lavatory was defective and she thereupon notified the landlord. Some six weeks later, at a time when the tenant's wife was standing on the floor of the lavatory, the floor collapsed, and she sustained injuries. In an action brought by the tenant's wife in the Circuit Court, claiming damages for personal injuries as a result of an alleged breach of duty by the landlord, the defendant, the Circuit Court Judge allowed the plaintiff's claim and awarded damages. On an appeal by the defendant to the High Court it was held that the plaintiff in using he lavatory was doing...