DUTY OF CARE TO PREVENT HARM TO CHILD

Gabriel v Kirklees Metropolitan Council [2004] BLR 441

In Gabriel v Kirklees Metropolitan Council [2004] BLR 441 the Court of Appeal considered the circumstances in which a defendant landowner is under a duty of care to take reasonable steps to prevent visitors or trespassers using the premises, or things on the premises, in order to inflict harm on passers-by. On the facts of the case the Court of Appeal found that the trial judge had made insufficient findings of fact and so they remitted the issue of whether the defendants had broken any duty of care to a different judge.