Facts
- A trespasser, the claimant, was electrocuted by the defendant’s railway line
- The trespasser entered the property through a fence which had been previously pushed down as a shortcut to a park
- The defendant knew of the fence defect
Issue
- Could the trespasser recover as they were injured on the property which the defendant had control over
Decision
- Yes, claim successful
Reasoning
- The House of Lords was entitled to overrule itself after the 1966 practice statement, therefore this case overruled R Addie & Sons v Dumbreck [1929].
- A humanitarian attitude is expected towards trespassers, however there is only a requirement to take reasonable steps to allow a trespasser to avoid risks. The claimant was a 6 year old child.
- The result would now be the same under the Occupiers’ Liability Act 1984.
