---
title: Dawson v Scottish Power
description: "Case Report: 1999 SLT 672 **The facts:** A child of 11 was injured when climbing over a fence around an electricity sub-station in order to retrieve his ball. The fence was only 4 foot high at the relevant point. **Decision:**The…"
url: "https://scotways.com/ken/dawson-v-scottish-power/"
updated: "2025-06-05"
category: "Liability / Occupiers’ liability: Cases involving children"
tags:
  - Case Law Liability
  - Court Case
  - Liability
  - "Occupiers Liability - Children"
---

# Dawson v Scottish Power

Case Report: 1999 SLT 672

**The facts:** A child of 11 was injured when climbing over a fence around an electricity sub-station in order to retrieve his ball. The fence was only 4 foot high at the relevant point.

**Decision:**The occupier was found to be at fault for not making the fence higher all-round to deter children from trying to climb it. Following earlier cases, the court said that the claimant belonged to a group of persons who could be reasonably foreseen to attempt to cross the fence. However, a finding of one-third contributory negligence was made against the boy pursuer for attempting to climb over a fence which was obviously dangerous (with a row of spikes on the top).