Burfitt v A and E Kille: 1939

A shopkeeper in Minehead sold a ‘blank cartridge pistol’ to a twelve year old boy. Later, when the boy fired the pistol in the air, the plaintiff was injured by a tiny piece of copper going into his eye.
Held: The duty of care was owed not only to the boy who bought the gun. The shopkeeper also owed a duty of care towards ‘all such persons as may reasonably be contemplated as likely to be endangered’.
Atkinson J
[1939] 2 KB 743

  • Applied – Donoghue (or M’Alister) v Stevenson HL 26-May-1932
    Decomposed Snail in Drink – Liability
    The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
    [1932] AC 562, [1932] SC (HL) 31, [1932] ScLT 317, [1932] All ER Rep 1, (1932) 101 LJPC 119, (1932) 147 LT 281, [1932] SLT 317, (1932) 48 TLR 494, (1932) 37 Com Cas 350, [1932] UKHL 100, [1932] Sol Jo 396, [1932] WN 139, [1932] SC 31, (1933) 4 DLR 337, 533 CA 47

Cited by:

  • Cited – The Attorney General v Hartwell PC 23-Feb-2004
    PC (The British Virgin Islands) A police officer had taken the police revolver, and used it to shoot the claimant. It was alleged that the respondent police force were vicariously liable for his acts and also . .
    [2004] UKPC 12, Times 27-Feb-04, Gazette 25-Mar-04, [2004] 1 WLR 1273, [2004] PIQR 27

These lists may be incomplete.
Updated: 09 December 2020; Ref: scu.193883