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 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 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 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 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
Leonard V Loch Lomond and The Trossachs National Park Case Law Summary: The National Park was not to blame for a twelve-year-old tripping on a highland path. The path had become part of the landscape and had no unfamiliar hazards. Image: Conic Hill, above Craigie Fort, Stirlingshire. Credit: Paul Barr In July 2006 Michael Leonard,
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 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