The High Court gave judgment on the 9th November 2018 in Claire Busby v Berkshire Bed Company. Neil Block Q.C. acted for the Defendant.
Ms. Busby was left paralysed after she fell out of bed during sex. She alleged the fall was due to defects in her newly delivered bed, a king-size ottoman consisting of two connected divans.
HHJ Cotter Q.C. found that Ms. Busby’s claimed failed because the test for ‘causation’ was not made out. He found Ms. Busby’s accident was “a simple but tragic fall.” He added that she “simply overbalanced” whilst changing position, and this meant “such ‘defect’ as there was played no part” in causing her fall.
HHJ Cotter Q.C. added that even if causation was made out, in his view Ms. Busby’s claim would still have failed. It would have failed under the Consumer Protection Act 1987 because the bed could not be considered defective per s.3 of the Act. It would have failed in tort and contract because the sequence of events that caused Ms. Busby’s injury would not have been in the foresight or contemplation of a reasonable person.
See here for the full judgment.