The court set out the reasonable man test for forseeability: ‘If the possibility of danger emerging is reasonably apparent, then to take no precautions is negligence; but if the possibility of danger emerging is only a mere possibility which would never occur to the mind of a reasonable man, then there is no negligence in not having taken extraordinary precautions’.’
Judges:
Lord Dunedin, Lord Atkin
Citations:
[1932] All ER Rep 81, (1932) 146 LT 391
Jurisdiction:
England and Wales
Cited by:
Explained – Searle v Wallbank HL 1947
There existed an ancient common law immunity in respect of animals straying onto a public highway. An owner or occupier of land adjacent to a highway has no legal obligation at common law to highway users so to keep and maintain his hedges, fences . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 12 May 2022; Ref: scu.188839
