Lawwly

Jolley v. Sutton London Borough Council

House of Lords

[2000] UKHL 31

Relevant factsFree

A derelict boat and trailer were left abandoned for years on council-owned grounds where children played, despite the council posting a danger sticker and residents' complaints that it was never removed. Fourteen-year-old Jolley (plaintiff) and a friend decided to repair the boat using a jack and improvised props, and months later the boat fell on Jolley while he worked underneath it, leaving him paraplegic. The trial judge found for Jolley (reduced 25 percent for contributory negligence), but the Court of Appeal reversed, holding the specific injury exceeded the scope of reasonably foreseeable harm, since only minor injuries from playing on the derelict boat were foreseeable.

IssueFree

Whether, where the nature of the risk and the type of injury are reasonably foreseeable but the precise manner and extent of the injury are not, a defendant may be held liable for negligence.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases