The claimant, a nineteen year old student climbed into a college property in the early hours of the morning, and then took a running dive into the shallow end of a swimming pool, suffering severe injuries. He was accompanied by friends and had been drinking, though he was not drunk.
Held: The Act did not include the duty to safeguard the claimant from the consequences of his own folly.
Stuart-Smith LJ said: ‘It is unfortunate that a number of high-spirited young men will take serious risks with their own safety and do things that they know are forbidden, Often they are disinhibited by drink and the encouragement of friends. It is the danger and the fact that it is forbidden that provides the thrill. But if the risk materialises they cannot blame others for their rashness.’
Stuart-Smith LJ
[1997] EWCA Civ 2679, [1999] 1 WLR 670
Bailii
Occupier’s Liability Act 1984
England and Wales
Citing:
See also – Ratcliff v G R McConnell and E W Jones CA 30-Nov-1998
A trespasser having climbed into grounds at night and dived into a swimming pool without knowing the depth accepted responsibility for his own acts. The dangers of diving into shallow water were known to adults and there was no need for a warning. . .
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. It had placed warning signs to deter swimmers.
Held: The council’s appeal . .
See also – Ratcliff v G R McConnell and E W Jones CA 30-Nov-1998
A trespasser having climbed into grounds at night and dived into a swimming pool without knowing the depth accepted responsibility for his own acts. The dangers of diving into shallow water were known to adults and there was no need for a warning. . .
Cited – Jebson v Ministry of Defence CA 28-Jun-2000
The claimant was a guardsman travelling in the rear of a service lorry. He fell from the tailgate suffering severe injury. He was drunk after a social trip.
Held: Though a person could normally expect to be responsible himself for incidents . .
Cited – Cockbill v Riley QBD 22-Mar-2013
cockbill_rileyQBD2013
The claimant sufferd catastrophic injury diving into a paddling pool at a party held by the defendant for his daughter to celebrate completing her GCSEs.
Held: The claim failed. ‘It was reasonably foreseeable that someone would lose his . .
These lists may be incomplete.
Updated: 24 April 2021; Ref: scu.143078