The claimant dived from a ledge on a cliff. In order to avoid shallow water he knew that he had to dive out into the pool but he failed to do so and fractured his neck.
Held: The court dismissed his claim for damages saying ‘So far as the Act is concerned, by section 1(3) the defendants were under a duty to those whom they had reasonable grounds to believe would be in the vicinity of the danger, that is on the cliff for the purpose of diving, and the risk was one which, in all the circumstances, [they] may be reasonably expected to offer some protection. In my judgment the danger here was so obvious to any adult that it was not reasonably to be expected of the defendants that they would offer any protection.’
References: Unreported (Date unknown)
Judges: Turner J
Statutes: Occupiers’ Liability Act 1984 1
Jurisdiction: England and Wales
This case is cited by:
- Cited – Tomlinson v Congleton Borough Council and others HL 31-Jul-2003
The claimant dived into a lake, severely injuring himself. The council appealed, arguing that it owed him no duty of care under the Act since he was a trespasser.
Held: The council’s appeal succeeded. The risk of injury arose, not from any . .
(,  UKHL 47, , Times 01-Aug-03, Gazette 11-Sep-03,  3 WLR 705,  1 AC 46,  NPC 102,  32 EGCS 68,  3 All ER 1122,  PIQR P8)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.185820