The claimant sought damages, having been injured at a school sports day. The school had carried out a risk asessment and acknowledged a risk of injury.
Held: Not every risk identified could or should be controlled. The injury occurred whilst in fact the child was in the care of his mother. It did not arise from any lack of supervision. Common sense said this was an accident to which liability should not attach.
Judges:
Gross J
Citations:
Times 09-Oct-2003, Gazette 16-Oct-2003
Jurisdiction:
England and Wales
Citing:
Cited – Tomlinson v Congleton Borough Council and others HL 31-Jul-2003
The claimant dived into a lake, severely injuring himself. The council appealed liability, 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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 12 April 2022; Ref: scu.186970