Occupier's liability
Occupier's liability
- 2002
- Estates Gazette Case Summaries [2002] 12EG 136 (CS) .
Tomlinson v Congleton Borough Council and another, CA 14 March 2002. Appellant (T) suffered serious injuries after diving into a mere managed by the repondent council (C). Judge dismissed T's claims as he stated that C had not been under a duty of care because there was no obligation to warn of what was an obvious risk. C appealed and this was accepted, as the earlier judge had not attached sufficient weight to the history of injuries and near fatalities at the mere.
TOMLINSON V CONGLETON BC
OCCUPIERS' LIABILITY
SAFETY
OCCUPIERS LIABILITY ACT 1984
Tomlinson v Congleton Borough Council and another, CA 14 March 2002. Appellant (T) suffered serious injuries after diving into a mere managed by the repondent council (C). Judge dismissed T's claims as he stated that C had not been under a duty of care because there was no obligation to warn of what was an obvious risk. C appealed and this was accepted, as the earlier judge had not attached sufficient weight to the history of injuries and near fatalities at the mere.
TOMLINSON V CONGLETON BC
OCCUPIERS' LIABILITY
SAFETY
OCCUPIERS LIABILITY ACT 1984