Liability to trespasser

Tomlinson v Congleton Borough Council and another (CA SJ 26 April)

The defendant council knew that in hot weather there was habitual unauthorised swimming in a lake in a park where there was a grave risk of injury to those entering the water. By a majority of two to one the court held that notices prohibiting swimming, which the council knew were ineffective, were insufficient to discharge the council’s duty of care to trespassers under s1 of the Occupiers Liability Act 1984. Recommendations that the sandy beaches around the lake should be landscaped and planted over to deter swimmers had not been implemented at the time of the accident, and failure to do so was a breach.