Carmarthenshire CC v Lewis [1955] AC 549

Facts

  • A four-year-old child escaped from a nursery school operated by Carmarthenshire County Council.
  • The child wandered onto a nearby road, causing a lorry driver to swerve in an attempt to avoid collision.
  • The swerving resulted in a fatal accident involving the lorry driver.
  • The nursery was located adjacent to the road, increasing the risk associated with inadequate supervision.
  • The case was brought to determine the liability of the local authority for the driver’s death, focusing on their responsibility for supervising children who may create foreseeable risks to others.

Issues

  1. Whether the local authority owed a duty of care to road users in respect of harm caused by a third party (the child) due to inadequate supervision.
  2. Whether an omission—in this case, the failure to prevent the child from escaping—could give rise to tortious liability.
  3. What standard of care is required of those entrusted with the supervision of individuals posing a foreseeable risk to the public.

Decision

  • The House of Lords held the local authority liable for the fatal accident.
  • The court found a duty of care arose from the foreseeability of harm resulting from the child’s unsupervised escape.
  • It was determined that close proximity between the nursery and the road, coupled with the young age of the children, created a real and present danger that necessitated preventative measures.
  • The duty was not one of absolute safety, but required the local authority to act as a reasonable person would in the circumstances.
  • Failure to take reasonable steps to prevent foreseeable harm constituted a breach of the duty owed.

Legal Principles

  • A duty of care can arise from an omission when there is a relationship of control and responsibility, such as that between a school and its pupils.
  • Liability for harm caused by third parties may be imposed where there is foreseeability of risk and sufficient proximity between the parties.
  • The standard is that of reasonable care, not absolute safety; liability is assessed by considering what a reasonable person would have done in similar circumstances.
  • The case established that certain supervisory relationships create a positive duty to take steps to prevent foreseeable harm to others.

Conclusion

Carmarthenshire CC v Lewis [1955] AC 549 established that a local authority may be liable in negligence for harm caused by failing to prevent a foreseeable danger arising from an individual under its supervision, particularly where proximity and control exist. The decision clarified the circumstances in which a duty of care may arise from omissions, notably in supervisory contexts involving vulnerable persons.

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