Carmarthenshire County Council v Lewis [1955]
Share
Carmarthenshire County Council v Lewis [1955] AC 549 is an English tort law case establishing that a duty of care may arise from a relationship of control over a third party.
The case involved a tragic incident where the claimant's husband, a lorry driver, swerved to avoid hitting a child who had escaped from school, resulting in a fatal accident. The child had left the school premises unnoticed due to a distraction involving another injured child. Negligence was initially found against the teacher, but the local authority (Carmarthenshire County Council) appealed to the House of Lords.
The central issue was whether the local authority had a duty of care to road users to prevent young children in its care from straying onto the road. The question focused on the extent of the duty owed by the local authority in ensuring the safety of children under its supervision.
The House of Lords held that the local authority had a duty of care not only to the child but also to road users affected by the child's actions. The teacher's duty was determined to be that of a careful parent, and in the circumstances, the teacher was found to have acted consistently with this duty. However, the ease with which the child left the school premises indicated a lack of proper precautions.
In the absence of a satisfactory explanation for the child's presence on the road, the local authority (council) was held liable for the accident. The court concluded that the council had a duty to take reasonable precautions to prevent such incidents, and their failure to do so resulted in the tragic crash. The appeal was dismissed, affirming the liability of the local authority for the harm caused by the child's actions.
This case emphasises the duty of local authorities to take reasonable steps to prevent harm not only to individuals directly under their care but also to others who might be affected by the actions of those under their supervision. The duty of care extends beyond immediate concerns to broader public safety considerations.
The case involved a tragic incident where the claimant's husband, a lorry driver, swerved to avoid hitting a child who had escaped from school, resulting in a fatal accident. The child had left the school premises unnoticed due to a distraction involving another injured child. Negligence was initially found against the teacher, but the local authority (Carmarthenshire County Council) appealed to the House of Lords.
The central issue was whether the local authority had a duty of care to road users to prevent young children in its care from straying onto the road. The question focused on the extent of the duty owed by the local authority in ensuring the safety of children under its supervision.
The House of Lords held that the local authority had a duty of care not only to the child but also to road users affected by the child's actions. The teacher's duty was determined to be that of a careful parent, and in the circumstances, the teacher was found to have acted consistently with this duty. However, the ease with which the child left the school premises indicated a lack of proper precautions.
In the absence of a satisfactory explanation for the child's presence on the road, the local authority (council) was held liable for the accident. The court concluded that the council had a duty to take reasonable precautions to prevent such incidents, and their failure to do so resulted in the tragic crash. The appeal was dismissed, affirming the liability of the local authority for the harm caused by the child's actions.
This case emphasises the duty of local authorities to take reasonable steps to prevent harm not only to individuals directly under their care but also to others who might be affected by the actions of those under their supervision. The duty of care extends beyond immediate concerns to broader public safety considerations.
