When the court is dealing with a child defendant, the question for the court was whether the defendant’s actions had fallen below the standard that should objectively be expected of a child of that age.

CASE SUMMARY

Claimant: Barnes – boy Scout

Defendant: Scout Association

Facts: The claimant was a 13-year-old Scout member, one evening whilst at a Scout meeting he was involved in a game called ‘Objects in the dark’, this involved grabbing blocks whilst running with the main lights turned off. During the game the claimant was injured.

Outcome: Liable

Legal principle: There was a pretty obvious risk of harm here, whereby boys were running in the dark to the inanimate objects in a central spot. The high risk of harm meant that the defendants were in breach of their duty.