Bourne Leisure v Marsden [2009] EWCA Civ 671

Facts:

  • A two-year-old drowned in a pond at a holiday park.
  • There was a fence but it was not high enough to prevent the child climbing in.

 Ratio:

  • There had been no breach of duty by the occupiers of the park.
  • It was reasonable to expect a child to have been under adult supervision.

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