Donovan v Landy's Ltd

• Jurisdiction: Ireland
• Judgment Date: 13 April 1963
• Date: 13 April 1963
• Court: Supreme Court

(S.C.)

Donovan

and

Landy's Ltd

Trespassers - Infant climbing on rear of motor van - Injuries sustained by infant when driver reversed - Allurement -Liability of owners of chattels to trespassers -Reasonable care - "Reckless disregard" of presence of trespasser - Contributory negligence.

The plaintiff, a boy of six and a half years of age, claimed damages for personal injuries suffered as a result of his "scutting" on a projection at the rear of a bread-van belonging to the defendants. The van was so constructed that the driver, when sitting in his cab, was cut off from the van body and had no means of seeing what was happening immediately behind and close up to the body of the van. On the day of the accident the driver had been delivering bread to a number of houses. A group of young boys, who had been playing in front of the houses, followed the van, running beside it and jumping on to it when it moved to the next group of houses which were situate in a cul-de-sac. The driver told the boys to keep away from the van. After the driver had finished the delivery and entered the driving seat, the plaintiff got up on to the projection at the rear of the van and while there, the driver started to back the van slowly. When the van had gone some 5 or 6 yards the plaintiff attempted to get down off the van and was injured while doing so. Heldby the...