Lewis v Six Continents PLC (formerly Bass PLC)  EWCA Civ. 1805While staying at a hotel, L fell from the window of his second floor room. The accident occurred during the course of the night and L had no recall as to how it had happened. He suffered severe head injuries. His claim under section 2 of the Occupiers’ Liability Act 1957 was rejected on the grounds that SC could not be expected to assess the dangers posed by all windows in the hotel. L had probably fallen as a result of leaning out of the window.The Court of Appeal held that there was nothing exceptional about L’s use of the room and its fixtures and fittings. The window did not present any obvious danger to an adult. There had not been any previous reports of accidents involving that window. It concluded that it was not reasonably foreseeable that an adult would lean out of the window in such a way that the occupier should have restricted the way in which the window could be opened.