Tomlinson v Congleton Town Council | A-Level Law | Key Case Summaries | Tort Law

Описание: Facts:
The claimant visited the Country Park, an old Sand Quarry that the council had opened to the public and created a lake with sandy banks. Swimming was not permitted at the lake and there were signs at the entrance stating “Dangerous water. No swimming.’’ Park rangers were also employed to prevent swimming. However, many people still used the lake to swim in. The claimant dived into a shallow part of the lake and broke his neck.

Outcome: Not liable

Legal Principle:
Occupiers liability – trespassers – s1(3)(c) and state of the danger s1(1)
Individuals must take responsibility for their own actions. No risk arose from the state of the premises s(1)(1) Occupiers Liability Act 1984 but arose from the defendants own actions. The risk was not one the council would reasonable be expected to offer protection as the dangers were obvious. The defendant also put-up effective warning notices.