Contributory Negligence in relation to Children

Contributory negligence is a legal concept that refers to a situation where the plaintiff’s own negligence contributed to their injuries. In cases involving children, contributory negligence can be a complex issue, as children are generally held to a lower standard of care than adults.

Here are a few cases that illustrate the concept of contributory negligence in relation to children:

1. Cavanagh v Ulster Weaving Co Ltd [1962] AC 356

In this case, a 10-year-old boy was injured when his hand became caught in a loom while he was playing in a textile factory. The boy’s parents sued the factory for negligence, but the factory argued that the boy had contributed to his own injury by entering the area where the loom was located. The court found that the boy’s age and lack of experience meant that he did not appreciate the danger he was in, and therefore was not contributory negligent.

2. Gough v Thorne [1966] 1 QB 665

In this case, a 13-year-old boy was injured while playing on a building site. The boy climbed onto a pile of bricks that collapsed, causing him to fall and sustain injuries. The court found that the boy had contributed to his own injuries by entering the site without permission and climbing on the pile of bricks. However, the court also found that the defendant was primarily responsible for the accident, as they had failed to secure the site and prevent children from entering.

3. Mullin v Richards [1998] 1 All ER 920

In this case, a 10-year-old boy was injured while playing with a group of friends in a field. The boy climbed onto a disused trailer, which collapsed and caused him to fall and sustain injuries. The court found that the boy had contributed to his own injuries by climbing onto the trailer, but also found that the owner of the trailer was primarily responsible for the accident, as they had left the trailer in a dangerous condition.

In all of these cases, the court had to consider the level of care that the child should have been expected to take, given their age and level of experience. In some cases, the court may find that a child’s actions were contributory negligent, but that the defendant was primarily responsible for the accident. In other cases, the court may find that the child was not contributory negligent, because their age and lack of experience meant that they did not appreciate the danger they were in.