Gough v Thorne: CA 1966

The court was asked as to the standard of duty of care expected of a child. Salmon LJ said: ‘The question as to whether the Plaintiff can be said to have been guilty of contributory negligence depends on whether any ordinary child of 13 can be expected to have done any more than this child did. I say ‘any ordinary child’. I do not mean a paragon of prudence; nor do I mean a scatter-brained child; but the ordinary girl of 13.’
Lord Denning MR said: ‘A judge should only find a child guilty of contributory negligence if he or she is of such an age as to be expected to take precautions for his or her own safety; and then he or she is only to be found guilty if blame should be attached to him or her. A child has not the road sense nor the experience of his or her elders. He or she is not to he found guilty unless he or she is blameworthy.’

Judges:

Salmon LJ, Lord Denning MR

Citations:

[1966] 3 All ER 398

Jurisdiction:

England and Wales

Cited by:

CitedMullin v Richards and Birmingham City Council CA 6-Nov-1997
Two 15 year old schoolfriends were playing with rulers when one shattered and a fragment injured the eye of the other. She claimed negligence in the school. She appealed a finding that she was herself fifty per cent responsible.
Held: Although . .
CitedProbert v Moore QBD 9-Aug-2012
The claimant, a 13 year old girl, was severely injured walking along the carriageway on a 60mph unlit road at 5:00pm on a December day. A hedgerow obliged her to walk in the road. The defendant driver said that she was contibutorily negligent in . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 29 April 2022; Ref: scu.188846