Facts
A five-year-old boy, out with his seven-year-old sister, fell into a trench on a building site that was open to the public.
Issue
Must an occupier guard very young children against every danger?
Held
The Corporation was not liable.
Principle
An occupier may expect that parents will not let very young children go about without supervision. The main responsibility for small children lies with their parents.
Why it matters
Balances the rule.
Cited in these chapters
Cite this page
Phipps v Rochester Corporation [1955] 1 QB 450 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/phipps-v-rochester-corporation> accessed 31 October 2026
The accessed date is today's date. Check your course or publisher's style guide.
This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.