The Claimant discontinued the claim after the Defence was filed.
The Claimant alleged that he sat on a defective bench at a bus stop which fell backwards causing him to sustain an injury to his right shoulder. The council operated a system of monthly inspections to the area which included a visual inspection of the bench. The bench was inspected three weeks before the accident and no defects were noted. The council made arrangements for the bench to be repaired/made safe within two hours of notification of the defect.
Despite the fact that the bench was undoubtedly dangerous to members of the public, the section 58 defence was strong therefore the claim was discontinued.
