“No duty to protect adults from obvious dangers they choose to face”
John Tomlinson, aged 18, was paralysed after diving into Brereton Heath Country Park's shallow lake, striking his head on the sand. The lake was owned by Congleton Borough Council, with signs prohibiting swimming and diving, though the prohibition was widely ignored by visitors.
Whether an occupier owes a duty under the Occupiers' Liability Act 1957 to protect visitors from obvious dangers inherent in natural features when the visitor voluntarily assumes the risk.
The House of Lords held that the council owed no duty of care. The danger was obvious, the activity was prohibited, and there was no duty to protect visitors from risks they voluntarily undertook with full knowledge of obvious dangers.
This case significantly limited occupiers' liability by establishing that there is generally no duty to protect visitors from obvious natural dangers they voluntarily encounter, influencing how public bodies manage recreational spaces.
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OSCOLA Citation
Tomlinson v Congleton Borough Council [2003] UKHL 47, [2004] 1 AC 46
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