SQE Daily.

Obvious risks and freely chosen dangerous activities (Tomlinson v Congleton BC)

A local council in England runs a country park with a large lake. Signs at the entrance and by the water say 'Dangerous water. No swimming'. Many people ignore the signs. Ollie, aged 20, who has visited the park since childhood and knows the lake well, wades into water a little above his knees and plunges forward head first. He strikes the sandy bottom and suffers a serious spinal injury. The lake has no hidden hazards and is no more dangerous than any ordinary stretch of open water. Ollie argues that the council should have made the beaches inaccessible, which it had considered doing.

Which of the following best describes the council's likely liability to Ollie?

Choose one answer to see the reasoning.

  1. Tort · FLK1No. 32

    Occupiers' duty to trespassers and no recovery for property damage (Occupiers' Liability Act 1984 s.1(3), (4) and (8))

    Which of the following best describes Brightwell Homes Ltd's potential liability to Marcus?

  2. Tort · FLK1No. L268

    Occupier's liability for a contractor's faulty work (Occupiers' Liability Act 1957 s.2(4)(b))

    Which of the following best describes Elmhurst's likely liability to Priya under the Occupiers' Liability Act 1957?

  3. Tort · FLK1No. L270

    Excluding liability for personal injury to a consumer visitor (Consumer Rights Act 2015 s.65)

    Which of the following best describes the effect of the notice on Hannah's claim for her injury?