Glasgow Corporation v Taylor
An occupier who has poisonous berries that are attractive to children on land open to the public may be liable to a child who eats them.
Facts
A seven year old boy, Ian Taylor, died after eating poisonous berries from a bush in a public park run by Glasgow Corporation. The berries looked like cherries or large blackcurrants, and were very tempting to children. The corporation knew that the berries were poisonous, but the bush was not fenced off and there was no warning notice. His father sued the corporation.
Legal principle
The House of Lords held that the facts disclosed a cause of action, and the case could go to trial. Lord Atkinson said that the berries were an allurement to children, and that the corporation, knowing that they were poisonous and that children came to the park, owed a duty to take precautions against the danger, for example by warning or fencing. The principle is now in section 2(3)(a) of the Occupiers' Liability Act 1957, which requires an occupier to be prepared for children to be less careful than adults.
Related cases on occupiers' liability
- British Railways Board v Herrington [1972] AC 877
- Bunker v Charles Brand & Son Ltd [1969] 2 QB 480
- Cole v Davis-Gilbert [2007] EWCA Civ 396
- Darby v National Trust [2001] EWCA Civ 189
- Edwards v Railway Executive [1952] AC 737
- Haseldine v CA Daw & Son Ltd [1941] 2 KB 343
- Keown v Coventry Healthcare NHS Trust [2006] EWCA Civ 39, [2006] 1 WLR 953
- Laverton v Kiapasha [2002] EWCA Civ 1656
Studying tort law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
