Is It Negligence To Place A Live Body In A Coffin?

The newspapers have reported: “An open lorry was stopped on the road by a hitchhiker which gave him a lift. He climbed into the back of the lorry and was somewhat chastened to discover the only other item in the back was a coffin. It was, at this time, pouring with rain and the hitchhiker sat disconsolately next to the coffin.

Imagine his horror when after a short time the lid of the coffin lifted and a voice said "Has the rain stopped?" The hitchhiker, terrified out of his wits, leapt from the lorry shrieking and broke his leg. He subsequently sued, in a Balkan Court, the lorry driver and the "corpse" for negligence.

The "corpse" was in fact another hitchhiker whose story was that he had thumbed a lift earlier in the same rain storm and to avoid being soaked and discovering the coffin empty had climbed inside to keep out of the rain.

He had heard the lorry stop for somebody else but did not come out of the coffin at that time because he could still hear the rain pouring down. However conditions in the coffin had become uncomfortable through lack of air and he was obliged to lift the lid in the circumstances and ask his question as to whether the rain had stopped!!.

The Judge found that there was negligence on the part of the lorry driver and the "corpse" because only dead bodies should be placed in a coffin!!”

Pearson Rowe’s view is that:

If this case had come before an English Court if instructed we believe we would have successfully argued that travellers in Transylvania must accept the risk that the lids of coffins rise and the occupants thereof speak.

This is well known in the public arena and is evident from many Hollywood films involving Vincent Price and Christopher Lee.

Surely it would seem that at the least the doctrine volenti non fit injura (to a willing person no injury is done) might succeed – or perhaps one of our newsletter readers could suggest other defences that might prevail.

Brian Flint, Partner Pearson Rowe

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