An agent is being sued for £100,000 by a tenant who was hurt as he tried to get into his flat by climbing over a spiked security gate.
Carlos Reguero Perez claims Savills is liable for his injuries because it did not give him a fob or access code for electronic security gates newly installed outside his home.
Mr Perez, who is understood to be head of compliance for Santander in London, was returning home, with a takeaway, to the £1m flat in Hampstead on the night of February 4, 2015.
He discovered the gates had ‘gone live’, but unable to open them, he tried to climb over, lost his footing and fell heavily on to concrete.
As well as two spinal fractures, he says he had a brain injury which has made his eyes sensitive to light, plus psychological harm.
At Central London County Court, Mr Perez claimed that Savills had failed to tell him when the gates would become operational.
Savills, the managing agent on behalf of the landlord, denies blame and is arguing that Mr Perez “acted in reckless disregard for his own safety” and brought the accident upon himself.
It says that Mr Perez should have arranged to stay overnight with friends or at an hotel and then contacted Savills in the morning.
The firm says it had no role in installing the gates, and had no duty of care towards him. Nor had Savills itself been told when the gates would become operational or been given access codes, according to barrister Joshua Hedgman.
Mr Hedgman argued that Mr Perez’s claim should be struck out, but the judge disagreed.
A full court case will now go ahead.
Last night a spokesperson for Savills said: “I’m afraid we’re not able to comment on matters that are subject to legal process.”