Dawson v Scottish Power Plc [1998] ScotCS 45 (2 November 1998)

Dawson v Scottish Power Plc [1998] ScotCS 45 (2 November 1998)

It was reasonably foreseeable that children would attempt to climb the fence to retrieve footballs, and the defenders failed to maintain the fence at a sufficient height to deter such attempts, thereby breaching their duty of care. The child was contributorily negligent to the extent of one third for knowingly taking the risk.

Citation
[1998] ScotCS 45
Parties
Pursuer: James Dawson, Senior, as Guardian of the Child James Dawson, Junior; Defender: Scottish Power plc
Jurisdiction
Scotland
Judgment Date
02 November 1998
Procedural Posture
Personal Injury / Judgment After Proof
Outcome
Decree for pursuer with reduction for contributory negligence
Legal Topics
Contributory Negligence, Duty of Care, Personal Injury, Premises Liability, Children and Trespassers
Tort Occupiers' Liability Contributory Negligence Duty of Care Personal Injury Premises Liability Children and Trespassers

Case Brief

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Parties

James Dawson, Senior, as Guardian of the Child James Dawson, Junior

Pursuer

Scottish Power plc

Defender

Procedural Posture

Personal Injury / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders owed a duty of care to the pursuer under the Occupiers Liability (Scotland) Act 1960 and at common law
  2. 2 Whether the defenders breached that duty by failing to maintain the fence at a sufficient height to deter children from climbing it
  3. 3 Whether the pursuer (child) was contributorily negligent

Ratio Decidendi

It was reasonably foreseeable that children would attempt to climb the fence to retrieve footballs, and the defenders failed to maintain the fence at a sufficient height to deter such attempts, thereby breaching their duty of care. The child was contributorily negligent to the extent of one third for knowingly taking the risk.

Court Disposition

Decree for pursuer with reduction for contributory negligence

Orders

  • Decree granted in favour of the pursuer for £5,410 with interest at 8% per annum from date of decree until payment.
  • One third deduction applied for contributory negligence.