In at the deep end
Cridge, J.
In at the deep end - 2002 - Corporate Briefing May 2002, 11-13(3) .
Considers the effect of a recent CA case on occupiers' duty to trespass in "Tomlinson v Congleton BC and another" (2002). Mr Tomlinson was visiting the council's park and despite the warning about not swimming in a lake formed by a disused quarry, dived in water that was only just above his knees in depth, and subsequently was paralysed from the neck down. At first judgement the High Court held that the principle established by earlier cases was that 'an occupier is not under a duty to warn against a risk which is obvious' However the CA held the council to be liable.The article considers issues which should help to reduce potential liability to individuals.
TOMLINSON V CONGLETON BC AND ANOTHER
OCCUPIERS LIABILITY ACT 1984
QUARRIES
INJURY
TRESPASSERS
OCCUPIERS
LANDOWNERS
In at the deep end - 2002 - Corporate Briefing May 2002, 11-13(3) .
Considers the effect of a recent CA case on occupiers' duty to trespass in "Tomlinson v Congleton BC and another" (2002). Mr Tomlinson was visiting the council's park and despite the warning about not swimming in a lake formed by a disused quarry, dived in water that was only just above his knees in depth, and subsequently was paralysed from the neck down. At first judgement the High Court held that the principle established by earlier cases was that 'an occupier is not under a duty to warn against a risk which is obvious' However the CA held the council to be liable.The article considers issues which should help to reduce potential liability to individuals.
TOMLINSON V CONGLETON BC AND ANOTHER
OCCUPIERS LIABILITY ACT 1984
QUARRIES
INJURY
TRESPASSERS
OCCUPIERS
LANDOWNERS