Tomlinson v Congleton Borough Council [2003] UKHL 47
Facts:
Ratio:
- 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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