Blyth v Birmingham Waterworks Co
Negligence is the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.
Facts
The waterworks company had installed a fire plug in a water main near Mr Blyth's house. During an exceptionally severe frost, the plug froze and burst, flooding his house. The plug had worked properly for 25 years. Mr Blyth sued the company in negligence.
Legal principle
The court held that the company was not liable. Alderson B said that negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. The frost had been exceptionally severe, and a reasonable person would not have taken precautions against such an extreme event, so the company had not been negligent.
Related cases on breach of duty
- Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
- Bolitho v City and Hackney Health Authority [1998] AC 232
- Bolton v Stone [1951] AC 850
- Daborn v Bath Tramways Motor Co Ltd [1946] 2 All ER 333
- Dunnage v Randall [2015] EWCA Civ 673, [2016] QB 639
- Glasgow Corporation v Muir [1943] AC 448
- Latimer v AEC Ltd [1953] AC 643
- Montgomery v Lanarkshire Health Board [2015] UKSC 11, [2015] AC 1430
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