Titchener v British Railways Board
Encyclopedia
Titchner v British Railway Board [1983] 1 WLR 1427 is a Scottish delict (tort) case concerning occupiers' liability, decided by the House of Lords
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. She was hit by a train. She sued the board under the Occupiers' Liability (Scotland) Act 1960 for failing in their common duty of care to keep the premises reasonably safe for visitors.
The Inner House of the Court of Session held that the pursuer had taken a chance, fully aware of the risks involved and that the Board had no responsibility to maintain the fence any more than they had.
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House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
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Facts
Miss Titchner, a 15 year old girl, climbed through a gap in a fence onto a railway line owned by the British Railways BoardBritish Railways Board
The British Railways Board was a nationalised industry in the United Kingdom that existed from 1962 to 2001. From its foundation until 1997, it was responsible for most railway services in Great Britain, trading under the brand names British Railways and, from 1965, British Rail...
. She was hit by a train. She sued the board under the Occupiers' Liability (Scotland) Act 1960 for failing in their common duty of care to keep the premises reasonably safe for visitors.
The Inner House of the Court of Session held that the pursuer had taken a chance, fully aware of the risks involved and that the Board had no responsibility to maintain the fence any more than they had.
Judgment
The House of Lords dismissed the claimant's final appeal, holding that she was not owed any duty under the Occupiers' Liability (Scotland) Act 1960 on the grounds that she had voluntarily decided to run the risk of walking on the railway line. As such, the defender had no duty, at least in relation to the pursuer, to maintain the fence any better than they had, based on the principle of volenti non fit injuriaVolenti non fit injuria
Volenti non fit injuria is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in tort or delict...
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Other cases
The following cases were referred to in this judgment:- Slater v Clay Cross Co Ltd—distinguished
See also
- Occupiers' Liability (Scotland) Act 1960
- Tomlinson v Congleton Borough CouncilTomlinson v Congleton Borough CouncilTomlinson v Congleton Borough Council [2003] is a 2003 court case in England from the House of Lords regarding the torts of negligence and occupiers' liability ....
- Donoghue v Folkestone Properties LtdDonoghue v Folkestone Properties LtdDonoghue v Folkestone Properties Limited is an English court case heard in the Court of Appeal of England and Wales concerning the tort of occupiers' liability from the Occupiers' Liability Act 1984.-Litigation:...