Carmarthenshire County Council v Lewis [1955]

Court: House of Lords

Facts: The claimant’s husband, a lorry driver, was involved in a fatal accident after swerving to avoid a child who had escaped from a school and wandered onto the road. The child had left the school premises unnoticed due to a distraction involving another injured child. Initially, negligence was found against the teacher, but the local authority, Carmarthenshire County Council, appealed the decision.

Issue: The central issue was whether the local authority had a duty of care to road users to prevent children in its care from straying onto the road. The question focused on the extent of the local authority’s responsibility in ensuring the safety of children under its supervision and the resulting impact on public safety.

Held: The House of Lords held that the local authority owed a duty of care not only to the child but also to road users affected by the child’s actions. The court determined that while the teacher's duty was that of a careful parent, the council’s responsibility extended further to include broader public safety concerns. The council was found liable for the accident due to its failure to take reasonable precautions to prevent such incidents.

The appeal by Carmarthenshire County Council was dismissed, and the court affirmed that the local authority had a duty to ensure the safety of children under its supervision, including taking steps to prevent them from causing harm to others. The lack of adequate precautions that allowed the child to leave the school premises was a significant factor in establishing liability.

Key Judicial Statement: The House of Lords emphasized that the duty of care owed by the local authority extended beyond the immediate supervision of children to include the safety of the general public who might be affected by the children’s actions. The court noted, "A duty of care arises from the relationship of control and supervision over the child, encompassing reasonable precautions to prevent harm to both the child and others."

💡 LevelUpLaw: Carmarthenshire County Council v Lewis underscores the responsibility of local authorities to implement reasonable safety measures to protect both those under their care and the wider public. It establishes that duty of care extends beyond immediate supervision to include broader public safety considerations, emphasizing that institutions must take adequate steps to prevent harm from individuals under their control.