Jean Ginder, 36, is confined to a wheelchair and will never walk again after the accident. Her counsel, Raymond Croxon QC, told Deputy Judge James Stewart QC at the High Court that Mrs Ginder's husband, Martyn, had been negligent in not securing the storeroom window latch, despite her repeated requests.
Mrs Ginder, of the Old Bakery, Bricket Wood, St Albans, Hertfordshire, was sorting out the laundry in her bedroom adjoining the storeroom in March 1991 and believed that Daniel was safe outside. When she realised he had come upstairs and climbed out she did what many mothers would have done and followed him, without concern for her own safety, Mr Croxon said.
The first part of the roof held her weight, but when she tried to slide on to the plastic car port she fell through to the ground. Mr Croxon said Mrs Ginder had done all she could by alerting her husband, who took charge of all the DIY in the house, to the potential danger.
Mr Ginder, 36, an undertaker, who denies negligence, claims his wife was at fault in failing to supervise Daniel, in failing to take sufficient steps to cause others to fix the window, and in stepping out on to a potentially dangerous structure.
The hearing, which is only concerned with liability, continues.Reuse content