Tomlinson v Congleton Borough Council [2003] UKHL 47

Facts:
  • C was seriously injured when he ignored warning signs and dived into the shallow end of a lake on D’s property.
  • C’s status as a lawful visitor to the park was limited to the time before he entered the lake.

 Ratio:

  • C’s claim rejected.
  • There was no risk to the claimant due to ‘the state of the premises or anything done or omitted upon the premises’, and so no risk of a kind which gave risk to a duty under either of the OLAs.

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