Meek v Bwia Ltd

• Jurisdiction: Barbados
• Judge: Johnson, J.
• Judgment Date: 23 May 1972
• Neutral Citation: BB 1972 HC 6
• Court: High Court (Barbados)
• Date: 23 May 1972

High Court

Johnson, J. (Ag.)

Meek

and

Bwia Ltd.

Mr. H.B. St.John, Q.C. and Mr. C.W. Chenery for the plaintiff instructed by Messrs. Yearwood and Boyce.

Mr. J.S.B. Dear, Q.C. and Mr. T. Bertie for the defendant instructed by Messrs. R.G. Mandeville and Co.

Negligence - Liability

Facts: The plaintiff who was a passenger on BWIA slipped and fell while disembarking from the aircraft and suffered personal injury — The aircraft had travelled from Miami to Barbados — Whether the plaintiff was contributory negligent

Held: That the plaintiff had made out a prima facie case and the defendant did not establish contributory negligence on the part of the plaintiff.

1 Johnson, J. (Ag.): This is a case in which the plaintiff, Mr. Meek, sues the British West Indian Airways, Ltd., the defendant, for personal injuries which he sustained while walking down the stairway of the aircraft on which he was being carried by the defendant from Miami to Barbados for reward. In the course of disembarking from the said aircraft at Barbados, the plaintiff slipped and fell on the said stairway on which, according to the plaintiff, water had accumulated and which was inadequately and illuminated.

2 Counsel for the plaintiff and counsel for the defendant have agreed that the law applicable in this case is as follows hereafter.

3 It was agreed that where a passenger is travelling an an international carriage by air which originates in, ends in or passes through the U.S.A. and the passenger is injured, the carrier is liable without proof of negligence. The carrier is also liable even if it shows that it took all reasonable steps to avoid the injury. The only defence open to the carrier (in those jurisdictions which recognise it) is that of contributory negligence. In such a case, the damages to which the passenger would be entitled if it can be shown that the passenger contributed to the damages he sustained by his own negligence.

4 It was further agreed that “carriage” includes the operations of boarding and disembarking from an aircraft. Having regard to these principles, the plaintiff has made out a prima facie case, and it is for me to consider the allegation of contributory negligence which is raised on the pleadings. This is a very short and simple allegation.

5 In the statement of defence, under the heading “Particulars of negligence”, the defendant claimed that the plaintiff was negligent in that:

• (a) he carried a large number of parcels in both hands whilst descending the said stairway of the aircraft;

• (b) he failed to keep a proper look out or to observe the said stairway properly or at all; and

• (c) he failed to hold on to the railing of the said stairway.

6 The burden of establishing contributory negligence is on the defendant, and the defendant...