Lowery v Walker [1910] UKHL 1 (09 November 1910)

Lowery v Walker [1910] UKHL 1 (09 November 1910)

Where an occupier knows and acquiesces in the habitual use of his land by the public, he owes a duty of care to those users to prevent injury from dangers he is aware of, such as a dangerous animal, even if the users have no legal right or express permission to be there.

Citation
[1910] UKHL 1
Parties
Appellant: Lowery; Respondent: Walker
Jurisdiction
United Kingdom
Judgment Date
09 November 1910
Procedural Posture
Civil Appeal / Appeal to House of Lords
Outcome
appeal allowed; judgment for appellant
Legal Topics
Occupier's Liability, Duty of Care, Dangerous Animals, Permission and Acquiescence, Trespass
Tort Law Occupier's Liability Duty of Care Dangerous Animals Permission and Acquiescence Trespass

Case Brief

Summary, issues, holding and outcome

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Parties

Lowery

Appellant

Walker

Respondent

Procedural Posture

Civil Appeal / Appeal to House of Lords

Legal Issues

  1. 1 Whether the defendant owed a duty of care to a person injured by a dangerous animal on his land when the injured person was using the land habitually with the defendant's knowledge but without express permission or legal right.
  2. 2 Whether the explanation by the trial judge of his use of the term 'trespasser' could be accepted as clarifying the factual findings.

Ratio Decidendi

Where an occupier knows and acquiesces in the habitual use of his land by the public, he owes a duty of care to those users to prevent injury from dangers he is aware of, such as a dangerous animal, even if the users have no legal right or express permission to be there.

Court Disposition

appeal allowed; judgment for appellant

Orders

  • Judgment appealed from reversed.