Abstract
Is there a difference between the duty of care owed by an occupier to a trespasser under the Occupiers’ Liability Act 1984 and that owed to a lawful visitor under the Occupiers’ Liability Act 1957, as far as personal injuries are concerned? Not really, in the light of Tomlinson v. Congleton Borough Council [2002] EWCA Civ 309, where the Court of Appeal (Ward and Sedley L.JJ., Longmore L.J. dissenting) held the defendant Council liable for spinal injuries sustained by an 18-year-old who dived into the Council’s lake, having seen one or more notices reading “DANGEROUS WATER: NO SWIMMING”, and hit his head on the bottom. His damages were reduced by two-thirds for contributory negligence.
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