Orchard v Lee

A 13 year old boy playing tag in a school playground was not liable for injuring a supervisor, because his conduct was not careless or reckless to a high degree.

Citation
[2009] EWCA Civ 295
Court
Court of Appeal (Civil Division)
Year
2009
Subject
Tort Law
Topic
Breach of duty

Facts

Ms Orchard was a lunchtime supervisor at a school. A 13 year old boy was playing tag with a friend in an area of the playground where the game was permitted, running backwards to avoid being caught. He collided with Ms Orchard, who was injured. She sued the boy in negligence.

Legal principle

The Court of Appeal held that the boy was not liable. Waller LJ said that a child will only be held liable in negligence if his conduct goes beyond the norm for a child of his age, and that, in the context of children playing games, the conduct must be careless to a very high degree. The boy was playing a game in an area where it was allowed, and he was not breaking any rule or acting in a way that was beyond what could be expected of a child of his age.

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