Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/2017
Title: Occupiers and Obvious Risks
Contributor(s): Lunney, Mark  (author)orcid 
Publication Date: 2003
Handle Link: https://hdl.handle.net/1959.11/2017
Abstract: In early 1995, John Tomlinson was severely injured when he hit his head on the bottom of a lake in Brereton Heath Country Park whilst unsuccessfully executing a dive. As the defendant occupier had erected signs prohibiting swimming in the lake, he brought a claim against the occupier under the 'Occupiers' Liability Act 1984' (UK), such Act governing the duty owed by all occupier to trespassers.Whilst the judge at first instance found little difficulty in dismissing the claim, the English Court of Appeal by majority allowed it, but reduced the damages by two-thirds to reflect the claimant's contributory negligence (see 'Tomlinson v Congleton Borough Council [2003] 2 WLR 1120). However, the House of Lords unanimously reversed the decision of the Court of Appeal (see [2003] J 3 WLR 705) and in doing so has provided much-needed guidance on what, if any, stepsneed to be taken in respect of what may be called "obvious risks" associated with the use of premises.
Publication Type: Journal Article
Source of Publication: Tort Law Review, 11(3), p. 140-145
Publisher: Thomson Reuters
Place of Publication: North Ryde, Australia
ISSN: 1039-3285
Field of Research (FOR): 180126 Tort Law
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Other Links: http://www.thomsonreuters.com.au/catalogue/shopexd.asp?id=1247
http://nla.gov.au/anbd.bib-an9920052
Statistics to Oct 2018: Visitors: 290
Views: 296
Downloads: 0
Appears in Collections:Journal Article
School of Law

Files in This Item:
3 files
File Description SizeFormat 
Show full item record

Page view(s)

134
checked on Feb 6, 2019
Google Media

Google ScholarTM

Check


Items in Research UNE are protected by copyright, with all rights reserved, unless otherwise indicated.