R Addie & Sons v Dumbreck [1929]

Facts

  • A child was crushed to death by a hidden danger on the defendant’s premises
  • The premises had notices present saying “trespassers will be prosecuted”

Issue

  • Could the defendants be liable

Decision

  • No

Reasoning

  • Historically, no duty owed to trespassers
  • Overruled by BRB v Herrington [1972] and the Occupiers’ Liability Act 1984
RELATED CASE  Gibson v Orr [1999]

Posted in Tort Law Revision Notes.

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