A duty to protect against obvious risks or self-inflicted harm exists only in cases in which there is no genuine and informed choice, such as the inability of children to recognise danger.
Citations:
[1971] 1 All ER 897
Jurisdiction:
England and Wales
Cited by:
Appeal from – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 06 May 2022; Ref: scu.190140