Revill v Newbery

An occupier who shot a trespasser through a hole in his shed door was liable, because he owed the trespasser a duty of care, although the trespasser's damages were reduced for his contributory negligence.

Citation
[1996] QB 567
Court
Court of Appeal (Civil Division)
Year
1996
Subject
Tort Law
Topic
Occupiers' liability

Facts

Mr Newbery, aged 76, kept valuable items in a brick shed on his allotment, and slept there to protect them from vandals and thieves. Mr Revill and another man tried to break into the shed at night. Mr Newbery, who was frightened, fired a shotgun through a small hole in the door, hitting Mr Revill in the arm and chest. Mr Revill sued him for his injuries.

Legal principle

The Court of Appeal held that Mr Newbery was liable. Neill LJ said that the duty owed to a trespasser was governed by the principles in the Occupiers' Liability Act 1984, and the common law duty was similar, and that Mr Newbery had used more force than was reasonable, because he should not have fired the gun at the door when he knew someone might be standing behind it. The defence of illegality did not apply, because the law did not regard a burglar as an outlaw who could be injured with impunity. However, Mr Revill's damages were reduced by two thirds for his contributory negligence.

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