Tomlinson v Congleton BC [2004] 1 AC 46

Written By Nicolas Heyes

Court: House of Lords

Basic Facts: C, a trespasser, dived into a lake in a park and was injured. The park had warnings against swimming.

Issue: What duty does an occupier owe to trespassers?

Held: The appeal was allowed.  The council had no liability to the claimant. The risk of danger was so obvious that it could be said that no risk arose from the state of the premises under s1(3) Occupiers Liability Act 1984.

    • Lord Hoffmann: The occupiers owe a duty of care to trespassers under the Occupiers’ Liability Act 1984, but this duty is limited to taking reasonable steps to warn or prevent injury. The park had sufficient warnings, and the injury resulted from the inherent risk of swimming in dangerous water. The Council was not required to take further steps.

Nicolas Heyes
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