Ratio Decidendi
Occupiers do not owe a duty to protect people from obvious risks that they willingly accept. The social value of keeping land accessible to the public is a relevant factor. The occupier's duty under the Occupiers' Liability Act 1984 does not extend to preventing competent adults from choosing to take obvious risks.
Ffeithiau
Tomlinson dived into a shallow lake in a country park, striking his head on the bottom and suffering a severe spinal injury. He was a trespasser as signs prohibited swimming. The council had considered draining the lake but had not done so.
Crynodeb o'r dyfarniad
The House of Lords held that the council was not liable. The risk was obvious. Adults who chose to dive into the lake were exercising their own free will. The council had no duty to prevent people from taking obvious risks, and draining the lake would have been a disproportionate response that deprived the public of a valuable amenity.
Dyfyniadau allweddol
"It is not, and should never be, the policy of the law to require the protection of the foolhardy or reckless few to the detriment of or at the expense of the enjoyment of the remainder."
— Lord Hobhouse
Triniaeth ddilynol
Leading authority on volenti and obvious risks under the Occupiers' Liability Acts. Regularly cited to resist excessive health and safety claims.