Smith v Littlewoods Organisation Ltd

Smith v Littlewoods Organisation Ltd [1987] UKHL 18 was a House of Lords decision on duty of care in the tort of negligence.

On 5 July 1976, vandals started a larger fire and the cinema burnt down, damaging a few adjacent buildings including a neighbouring cafe, billiard saloon and church.

The neighbours claimed damages and brought an action against Littlewoods for negligence on the basis that they failed to take reasonable care of the cinema by having it regularly inspected or locking and guarding the premises.

The House of Lords dismissed the appeals, and held that since there was nothing inherently dangerous about an empty cinema, i.e. it was not a source of risk.

The law does not recognise a general duty of care to prevent others from suffering loss or damage caused by the deliberate wrongdoing of third parties.