Principle: If an injury is the result of a reasonably foreseeable cause, the person/authority responsible is liable for damages because he has a duty to take reasonable measures to prevent it.
Facts: Janet, a housewife standing at her balcony, was struck on the head by a ball that flew out of a cricket field across her home. Janet sues the District Cricket Association (DCA), the owner of the cricket field for public nuisance and negligence on the ground that the field did not have a fence high enough to prevent such occurrence. District Cricket Association (DCA) claims that only about 10 balls had escaped the field in the previous 10 years and it was therefore an unforeseeable risk. Is there a duty on the part of the District Cricket Association (DCA) to prevent the risk? Is the District Cricket Association (DCA) liable to compensate Janet?

Principle: If an injury is the result of a reasonably foreseeable cause, the person/authority responsible is liable for damages because he has a duty to take reasonable measures to prevent it.
Facts: Janet, a housewife standing at her balcony, was struck on the head by a ball that flew out of a cricket field across her home. Janet sues the District Cricket Association (DCA), the owner of the cricket field for public nuisance and negligence on the ground that the field did not have a fence high enough to prevent such occurrence. District Cricket Association (DCA) claims that only about 10 balls had escaped the field in the previous 10 years and it was therefore an unforeseeable risk. Is there a duty on the part of the District Cricket Association (DCA) to prevent the risk? Is the District Cricket Association (DCA) liable to compensate Janet? Correct Answer Yes. As 10 balls had escaped the field, the risk was reasonably foreseeable. The District Cricket Association (DCA) is responsible and is liable for damages because it has a duty to take reasonable measures to prevent it

Related Questions

Principle: General rule is that it is for the plaintiff to prove negligence of the defendant. But if the thing causing the injury is under the control of defendant and injury is such as would not occur without negligence, law presumes negligence.
Facts: While performing a surgery for the removal of stones from the kidney of 'A', Dr. 'B' left a mop inside the body of 'A'. 'A' suffered acute pain and has to be operated again for the removal of the mop.
'A' sues Dr. 'B' for damages.