What did Fowler v Lanning decide about trespass to person?

That an action in trespass will not lie for a direct injury if it was purely accidental; the plaintiff must show intention or negligence.

Who bears the burden of proof in Fowler v Lanning?

The plaintiff bears the burden to allege and prove that the defendant intended the act or was negligent.

How is Fowler v Lanning different from strict liability ideas?

Unlike strict liability, this case requires fault—either intent or negligence—for trespass to person.

Does a direct impact automatically mean trespass?

No. Direct impact alone is insufficient if the act was neither intentional nor negligent.

Why is the case important for pleadings?

It warns plaintiffs to plead a mental element (intent) or fault element (negligence) when claiming trespass to person.

fowler-v-lanning-1959-1-qb-426

Fowler v Lanning [1959] 1 QB 426

Accidental shooting and the boundary between trespass to person and negligence — explained in classroom-friendly English.

Torts Queen’s Bench 1959 [1959] 1 QB 426 ~6 min read

Author

: Gulzar Hashmi

Location

: India

Primary Keywords

: trespass to person, intention, negligence, direct injury

Secondary Keywords

: assault, battery, burden of proof, pleadings

Publish Date

: 30 Oct 2025

Slug

: fowler-v-lanning-1959-1-qb-426

Quick Summary

In Fowler v Lanning, the claimant was shot during a farm shoot and lost his left eye. He sued in trespass to person but did not say the shooting was intentional or negligent. The court held that trespass does not succeed for a purely accidental injury. The plaintiff must show intent or negligence. Because he pleaded neither, his claim failed.

Issues

Can the shooting be treated as trespass to person when there is no allegation of intent or negligence?

Rules

A claim in trespass to person (assault/battery) will not lie if the injury, though a direct result of the defendant’s act, was unintentional and without negligence. The plaintiff must show intention or negligence.

Facts (Timeline)

Timeline illustration of events in Fowler v Lanning

Shooting Party: The defendant, Lanning, was part of a farm shoot. A shot struck the claimant.

Serious Injury: The claimant lost his left eye and suffered personal injuries.

Pleadings: The claimant pleaded only that he was shot at a certain time/place. He did not allege intention or negligence.

Arguments

Appellant / Claimant

I was directly hit by the defendant’s shot during the shoot.
Direct injury should be actionable in trespass.

Respondent / Defendant

No claim lies without alleging intent or negligence.
A purely accidental injury is not trespass.

Judgment (Held)

Judgment illustration for Fowler v Lanning

The court found no cause of action in trespass because the claimant did not plead that the defendant acted intentionally or negligently.

Burden of proof: On the plaintiff to show intention or negligence.
Outcome: Claim failed due to defective pleadings.

Ratio Decidendi

For trespass to person, a direct injury is not enough. The plaintiff must show that the defendant’s act was either intentional or negligent. Without pleading one of these, the action fails.

Why It Matters

Clarifies that fault matters in trespass to person.
Guides students and lawyers on proper pleadings: always allege intent or negligence.
Separates accident from actionable trespass.

Key Takeaways

Direct injury alone ≠ trespass.
Plead and prove intent or negligence.
Burden stays with the plaintiff.

Mnemonic + 3-Step Hook

Mnemonic: “FOWLT: Fault Or Win?—Liability needs Trespass-fault”

Step 1: Ask: Was it intentional?
Step 2: If not, was it negligent?
Step 3: If neither, no trespass claim.

IRAC Outline

Issue: Can an accidental shooting be sued as trespass to person without alleging intent or negligence?

Rule: Trespass fails if the injury, though direct, was unintentional and without negligence.

Application: The claimant pleaded only that he was shot. He did not claim intent or negligence, so the necessary fault element was missing.

Conclusion: No cause of action in trespass; the claim fails.

Glossary

Trespass to Person: Direct, intentional interference with a person (e.g., battery) or without due care if negligent.
Negligence: Failure to take reasonable care, causing harm.
Burden of Proof: Duty to prove the claim’s essential facts and fault.