Bolton v Stone [1951] AC 850

Written By Nicolas Heyes

Court: House of Lords

Basic Facts:

  • A cricket ball hit by a player flew over a high wall and struck a pedestrian, C, causing injury. C sued the trustees of the cricket ground for negligence.

Issue for the Court:

  • To what extent is a foreseeable risk sufficient to show a breach of duty of care?

Held: The claim failed. The defendants had not fallen below the standard of care required

  • Lord Porter: Foreseeable risks do not necessarily require action unless they are significant. The risk of a cricket ball hitting someone was so small that it was not reasonable to expect preventive measures.

  • Lord Reid: The test is whether the risk was so small that a reasonable person would not have taken steps to mitigate it.

Nicolas Heyes
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