A tenant who fell while trying to climb a locked gate has lost his £100,000 compensation claim against Savills. Carlos Perez, 49, suffered spinal fractures and a “moderate” brain injury in February 2015 as he tried to scale locked security gates in order to get into his £1m rented flat in the evening after a long day at work.
He fell backwards while on top of the spiked newly-installed six-foot gates that had become operational that day. He argued that managing agent Savills should have passed on a key fob which would have opened the gates, but Savills said they had no idea that the gates were becoming operational that day.
Judge Heather Baucher, at Central London county court, has now cleared Savills of all blame and said that the firm was not negligent but that Perez had been ‘reckless’. She said: “The accident was caused solely by his actions. He had no regard for his own safety.”
Her view was reinforced by what Perez did next – despite being dazed and injured he again tried to climb the gates, this time successfully. Dismissing his claim, the judge said that Savills owed Perez no duty of care. He was also ordered to pay Savills’ legal costs.