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Law Cases
Tort Law Cases
Defective Premises Cases

Herrington v BRB [1972] AC 877

Country:
United Kingdom
By Oxbridge Law Team
Lord Reid

  • Defendant failed to maintain the fence by their railway line and were told of children trespassing through the hole and playing near the tracks.

  • They didn’t repair the fence and Plaintiff, a child, was injured by the live wire when trespassing on the railway.

  • HL held that Defendant was liable. 

Lord Reid

  • The test of an occupier's duty to a trespasser is subjective, since the trespasser forces a 'neighbour' relationship on him.

  • His liability depends on whether in the circumstances a conscientious humane man, with his knowledge skill and resources, could reasonably have been expected to do or refrain from doing before the accident something which would have avoided it.

  • An impecunious occupier with little assistance at hand would often be excused from doing something which a large organisation with ample staff would be expected to do. 

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