Wednesday 18 September 2019

Woman paralysed in fall during sex loses claim

Unfortunate: Claire Busby was paralysed by the fall from the bed while she was having sex with her partner. Photo: Stefan Rousseau
Unfortunate: Claire Busby was paralysed by the fall from the bed while she was having sex with her partner. Photo: Stefan Rousseau

Dean Gray

A woman left paralysed after being "catapulted" from her new bed during a sex act has lost her seven-figure claim for damages against the bed supplier.

Claire Busby, of Maidenhead, Berkshire, England, suffered a serious injury to her spine when she fell from the super king-size double divan as she changed position.

The 46-year-old claimed the bed was in a "defective state" at the time of her accident and took legal action against Berkshire Bed Company, trading as Beds Are Uzzz, which supplied it. But, rejecting her case, Judge Barry Cotter found the bed was "not defective" and that Ms Busby's fall was a "tragic accident".

The judge said: "As a result of the matters set out above, the claim in relation to this tragic accident, which is what I find it was, a simple accident, fails."

The judge said he was not satisfied the bed was "defective", even taking into account "reasonably foreseeable misuse".

He added: "It required a most unfortunate and unusual combination of positioning on the bed and movement which I do not believe would have been foreseeable by any reasonable person prior to the incident."

During the trial, the court heard that Ms Busby was injured a week after the bed's delivery while having sex with her then partner, John Marshall. She told the court she was kneeling in the middle of the bed performing a sex act when she decided to move position and "swung her legs" from underneath her, before lying back on the bed with her head towards the bottom end.

At that point, she claimed, the bed gave way and she toppled off the end, landing on her head.

Irish Independent

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