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It has been reported today that a couple in Hull are being sued by a Midwife who was injured during a routine home visit to see them after the birth of their twins. The Midwife has taken private legal action and instructed a Solicitor to sue the couple under The Occupiers Act 1957 and has been reported as stating that they are liable for her injuries for failing in their duty of care to provide a safe place of work.
The claim is based on the fact that the Midwife alleges that she fell on the stairs by catching her foot on a buggy that had been left in the way. To me, it would seem that there is split liability here and plenty of causation against the midwife. Surely she could see the buggy and should have either moved it or asked for it to be moved? Alternatively, she could have stepped over it and avoided a fall? It could also be argued (as is being done by the claimant Solicitor) that the couple should not have left the buggy in the way!
It is an interesting case, but I am not sure that the claimant will succeed. It remains to be seen!