The claimant was employed as a dinner lady at a junior school. Whilst supervising playtime, a child jumped on her, causing her injury. The council appealed a finding of negligence. The boy had been recognised as being in need of special management for his behaviour, and had behaved in a similar fashion before. There were steps which could have been taken to reduce the risks, including the issue of earnings, training, and the employment of more staff.
Held: Mere forseeability was insufficient to establish liability. Each such case must turn on its own facts. In this case the finding was correct in law.
Judges:
Lord Justice Peter Gibson, Lord Justice Potter
Citations:
[1999] EWCA Civ 1326
Jurisdiction:
England and Wales
Citing:
Cited – Smith v Littlewoods Organisation Limited (Chief Constable, Fife Constabulary, third party); Maloco v Littlewoods Organisation Ltd HL 1987
The defendant acquired a semi derelict cinema with a view to later development of the site. A fire started by others spread to the pursuer’s adjoining property.
Held: The defendants were not liable in negligence. The intervention of a third . .
Lists of cited by and citing cases may be incomplete.
Health and Safety, Negligence, Personal Injury
Updated: 07 December 2022; Ref: scu.146241