Tenants of a council house had a nine month old baby, and the baby fell from his bed and became trapped against the hot central heating pipes. He suffered disfiguring burns to his face, and they claimed damages for personal injuries which he alleged were sustained due to the landlord’s negligence and/or breach of s. 4 Defective Premises Act 1972. It was claimed that the central heating system was on constantly and was operating at least 10 degrees hotter than the temperature it had been set to, and that the pipes should have been protected so as to prevent accidental contact resulting in injury. At first instance, the claim was dismissed.
On appeal:
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