Ryan v London Borough of Camden (1982)

The tenants of a house rented from the council had a six month old baby who fell onto pipes of 72 degrees and became trapped, and was badly burned. The tenants brought an action for damages against the council, asserting that the council had been negligent in failing to encase the piping, or for failing to warn her parents of the risk.
The local authority counterclaimed, contending that the baby’s mother had been negligent. The court held that the accident had not been foreseeable, and dismissed both the claim and the counterclaim. The tenants appealed.

On appeal:
HELD: The Court of Appeal dismissed the appeal, holding that:
1)    The heating system in use was a common system, and no similar accident had been recorded,
2)    The only real danger arose when a child was trapped against the pipes, because the instinctive reaction of anyone touching the pipes would be to draw away.
3)    The risk of a child becoming trapped was small, and the landlord council was entitled to rely on the precautions taken by parent.
4)    The fact that the heating system complied with current requirements did not prevent a finding of negligence.
5)    The potential cost of insulation was not such as to justify the failure to insulate if the council had otherwise been in breach of their duty of care.
6)    The danger of accident was no more foreseeable to the council than it had been to the tenant’s mother.

Citation: Ryan v London Borough of Camden (1982) 8 HLR 75