판결 이유
When determining foreseeability, the question is whether the broad type of harm was foreseeable, not the precise mechanics of how the injury occurred. It was foreseeable that an abandoned boat would attract children who might be injured.
사실관계
The council left an abandoned boat on their land for two years. A 14-year-old boy tried to repair it with a friend. While jacked up, the boat fell on him, causing serious spinal injuries.
판결 요약
The House of Lords held the council liable. While they might not have foreseen this exact type of accident, it was foreseeable that children would be attracted to the boat and injured. The broad type of harm (injury to children playing with the boat) was foreseeable.
주요 인용문
"The question is whether it was foreseeable that children would meddle with the boat and suffer injury — not whether the precise manner of injury was foreseeable."
— Lord Steyn
후속 처리
Important authority on the level of generality at which foreseeability of harm is assessed.