It seems that the saying “enter at your own risk” still holds true. A flurry of recent judgments suggests that fears of a “compensation culture” under the Occupiers’ Liability Act 1984 have proved somewhat groundless.
The law lords recently refused to grant permission to appeal to a man who was rendered tetraplegic after diving off a slipway into a harbour maintained by Folkestone Properties Ltd. They upheld a Court of Appeal ruling that the company could not have been expected to foresee the accident: see
Aviva Golden, in
For more information on both Donoghue v Folkestone Properties Ltd [2003] EWCA Civ 231 and Tomlinson, see John Murdoch’s legal notes entitled
It seems that the saying “enter at your own risk” still holds true. A flurry of recent judgments suggests that fears of a “compensation culture” under the Occupiers’ Liability Act 1984 have proved somewhat groundless.
The law lords recently refused to grant permission to appeal to a man who was rendered tetraplegic after diving off a slipway into a harbour maintained by Folkestone Properties Ltd. They upheld a Court of Appeal ruling that the company could not have been expected to foresee the accident: see Company cleared of liability for Folkestone Harbour accident EGi Legal News 20 October 2003.
Aviva Golden, in Look before you leap Estates Gazette 15 November 2003, at p126, further investigates how far occupiers must go to protect themselves against compensation claims. She looks at, among other decisions, Tomlinson v Congleton Borough Council [2003] UKHL 47; [2003] 32 EG 68 (CS), in which the House of Lords held that the council were not legally obliged to safeguard irresponsible visitors against obvious dangers.
For more information on both Donoghue v Folkestone Properties Ltd [2003] EWCA Civ 231 and Tomlinson, see John Murdoch’s legal notes entitled Trespass at your peril Estates Gazette 31 May 2003, at p140, What lies beneath Estates Gazette 1 June 2002, at p132, and Don’t take liberties Estates Gazette 27 September 2003, at p116.
