000 01274cam a2200253 4500
001 ABS65655
008 020701n2002 000 0 eng u
035 _a(Sirsi) u118597
100 _aCridge, J.
245 _aIn at the deep end
260 _c2002
490 _aCorporate Briefing
_v May 2002, 11-13(3)
520 _aConsiders 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.
590 _aABS
650 _aTOMLINSON V CONGLETON BC AND ANOTHER
650 _aOCCUPIERS LIABILITY ACT 1984
650 _aQUARRIES
650 _aINJURY
650 _aTRESPASSERS
650 _aOCCUPIERS
650 _aLANDOWNERS
690 _aPROPERTY
942 _n0
999 _c70618
_d70618