Category: Occupiers Liability

Trustees of the Portsmouth Youth Activities Committee V Poppleton

Trustees of the Portsmouth Youth Activities Committee V Poppleton Case Law Summary: The activity centre was not to blame for a person injured falling from a climbing wall. There is no duty to train or assess competence of users. In February 2002, Gary Poppleton, a fit young man, went bouldering, (low-level climbing without ropes) in

Struthers-Wright V Nevis Range Development CO PLC – Aonach Mor

Struthers-Wright V Nevis Range Development CO PLC – Aonach Mor Case Law Summary: The ski-lift operator was not required to put warning signs on a summit plateau where a skier fell and was injured. You do not need to protect against obvious and natural features of the landscape. You can take into account the adverse

Weir-Rodgers V S F Trust

Weir-Rodgers V S F Trust Case Law Summary: The landowner was not required to erect fencing or put warning signs on a cliff edge where a visitor fell and was injured. You do not need to protect against obvious and natural features of the landscape. This case was an appeal to the Supreme Court against

Tomlinson V Congleton Borough Council – Brereton Heath Country Park

Tomlinson V Congleton Borough Council – Brereton Heath Country Park Case Law Summary: A very significant case after a visitor to a country park was severely injured diving into a lake. The judgement clarifies the extent of an occupier’s liability as against the responsibility visitors themselves should take for their own safety. An attractive lake

Darby V National Trust – Hardwick Hall

Darby V National Trust – Hardwick Hall Case Law Summary: The National Trust was not to blame for a swimmer drowning in a pond on the estate. Hardwick Hall is a National Trust property in Derbyshire. It includes a large country park, which is a popular attraction for the large urban population nearby. Within the park

Wall V National Parks and Wildlife Service – Wicklow Way

Wall V National Parks and Wildlife Service – Wicklow Way Case Law Summary: The National Parks Service was not to blame when a walker fell. On mountain trails, walkers must look where they are going. A 56 year old woman suffered a nasty injury to her right knee in August 2013, when she fell while

Heaves V Westmeath County Council

Heaves V Westmeath County Council Case Law Summary: The Council was not to blame when a visitor fell in the grounds of Belvedere House. The asset value of a property can be taken into account when choosing what risk controls are appropriate. The plaintiff had visited the grounds of Belvedere House in Westmeath in Ireland

Mills-Davies V RSPB – CWM Clydach

Mills-Davies V RSPB – CWM Clydach Case Law Summary: A visitor lost the sight in one eye after tripping on a path in a remote part of a nature reserve. The judge accepted the validity of the risk control spectrum when dismissing a claim against the Royal Society for Protection of Birds. Cwm Clydach is

Cray V Fingal County Council

Cray V Fingal County Council Case Law Summary: The Council was not to blame when a visitor fell at the end of a concrete ramp onto a beach. The uneven nature of the beach and perhaps misjudgement was the cause. The design and construction of the ramp did not create a danger. Anita Cray fractured


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