Letang v Cooper
Where injury is caused unintentionally, the claim lies in negligence, not trespass, so trespass to the person requires an intentional act.
Facts
Mrs Letang was sunbathing on a grass car park at a hotel when Mr Cooper negligently drove his car over her legs, injuring her. She sued him more than three years later. A claim in negligence was time barred after three years, so she framed her claim in trespass to the person, which she argued was subject to a six year limitation period.
Legal principle
The Court of Appeal held that her claim was time barred. Lord Denning MR said that, when the injury is not inflicted intentionally but negligently, the only cause of action is negligence, not trespass. If the defendant intentionally applies force to the claimant, the claim is in trespass, and if he does so unintentionally but carelessly, it is in negligence. In any event, the three year limitation period applied to all actions for damages for personal injuries caused by breach of duty, which included trespass.
Related cases on trespass to the person
- Austin v Commissioner of Police of the Metropolis [2009] UKHL 5, [2009] 1 AC 564
- Bird v Jones (1845) 7 QB 742
- Collins v Wilcock [1984] 1 WLR 1172
- F v West Berkshire Health Authority (Re F (Mental Patient: Sterilisation)) [1990] 2 AC 1
- Herd v Weardale Steel, Coal and Coke Co Ltd [1915] AC 67
- Meering v Grahame-White Aviation Co Ltd (1919) 122 LT 44
- Murray v Ministry of Defence [1988] 1 WLR 692
- R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12, [2012] 1 AC 245
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