Description
The Respondent was a nine year old boy who was injured at a school run by the Appellant. The Respondent had attempted to punch his brother but had missed and punched a water fountain, lacerating his thumb and damaging the tendons in his hand. At first instance the trial judge had found that the Appellant was liable for the injury under the Occupiers' Liability Act 1957 because they had not considered the risk presented to children by the water fountain and it was foreseeable that the fountain could cause injury.
The Court of Appeal allowed the appeal. The question a judge had to ask themselves, when considering
s.2 OLA 1957, was whether visitors to the school were reasonable safe when using the premises. There was no evidence to suggest that the water fountain was unsafe. It did not have sharp edges but even if the edges had been sharp it could not be said to constitute a danger to children. The duty under the OLA did not require a school to safeguard children from harm in all circumstances.
