OCCUPIER HELD LIABLE TO TRESPASSER

Tomlinson v Congelton Borough Council [2002] EWCA Civ 309, (unreported, 14 March 2002)

In Tomlinson v Congelton Borough Council [2002] EWCA Civ 309, (unreported, 14 March 2002) the Court of Appeal held that the claimant trespasser was entitled to recover damages from the defendant occupier of land, subject to a deduction in respect of his contributory negligence, after he dived into a shallow lake and suffered serious injury when he struck his head on the bottom of the lake. The case is of significance for occupiers of building sites because it suggests that it may not be sufficient for an occupier simply to put up a sign warning potential trespassers of the dangers that exist on the site. It may be necessary for the occupier to go further and incur expense for the purpose of seeking to eliminate the hazard, at least where the cost of doing so is not high.