Liability to trespasser

Mann v Northern Electric Distribution Ltd [2010] EWCA Civ 141, [2010] All ER (D) 298 (Feb); NLJ 23 April p567

The 15-year-old claimant climbed into an electricity substation to retrieve a football when he sustained severe burn injuries leading to the amputation of part of one of his legs. He brought proceedings under the Occupiers’ Liability Act 1984 alleging that his injuries were foreseeable and that the defendant had not done what was reasonably practicable to prevent unauthorised access. The claimant had in fact climbed over six metres of walls and railings with spiked wire around the top. The claimant jumped across the spiked wire, crossed the roof of the control room, slid down a telecommunications mast to the ground, crossed over to a transformer and then climbed 14 feet onto its roof using a drain pipe before he came into contact with the electricity supply. The Court of Appeal upheld the decision of the trial judge that the claimant’s means of access was not reasonably foreseeable and as such, the defendant had no reason to do anymore to prevent the unauthorised access. An occupier cannot be held to be in breach of a duty to guard against a means of access which was not reasonably foreseeable.