British Railways Board v Herrington [1972] AC 877, [1972] 1 All ER 749 HL
The plaintiff, a six year old boy, was electrocuted after wondering through a detached fence on to a railway track. The railway workers knew that the fence was detached and had previously failed to report that children had been using the gap in the fence as a shortcut. The plaintiff claimed damages for his injuries. It was held that as a general rule a person who trespassed on the land of another did so at his own risk, but it did not mean that there was no duty to protect a trespasser from potential danger. Consequently, the defendant breached its duty to the plaintiff for failing to maintain and enforce a reasonable system of inspection and repair of the boundary fence.
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