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Occupiers' Liability: Unheeded Warnings
Is there a difference between the duty of care owed by an occupier to a trespasser under the Occupiers' Liability Act 1984 and that owed to a lawful visitor under the Occupiers' Liability Act 1957, as far as personal injuries are concerned? Not really, in the light of 'Tomlinson'...
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Published in: | Cambridge law journal 2002-11, Vol.61 (3), p.522-524 |
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Main Author: | |
Format: | Article |
Language: | English |
Subjects: | |
Online Access: | Get full text |
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Summary: | Is there a difference between the duty of care owed by an occupier to a trespasser under the Occupiers' Liability Act 1984 and that owed to a lawful visitor under the Occupiers' Liability Act 1957, as far as personal injuries are concerned? Not really, in the light of 'Tomlinson' v. 'Congleton Borough Council' [2002] EWCA Civ 309, where the Court of Appeal (Ward and Sedley L.JJ., Longmore L.J. dissenting) held the defendant Council liable for spinal injuries sustained by an 18-year-old who dived into the Council's lake, having seen one or more notices reading "DANGEROUS WATER: NO SWIMMING", and hit his head on the bottom. His damages were reduced by two-thirds for contributory negligence. |
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ISSN: | 0008-1973 1469-2139 |