Keith Patten reviews the implications of Dawkins upon liability in negligence & evidentiary burdens
The facts
The facts of Dawkins are relatively simple. The claimant was a passenger aboard the cruise ship Oriana. While walking through the conservatory restaurant at about 2pm she fell and suffered injury. The judge found as a fact that on the balance of probabilities she fell on some liquid, probably water, on the floor. She fell at a point next