Tomlinson v Congleton Borough Council [2003]

Individuals take responsibility for their own activities; the occupier is not liable for injury caused during dangerous activity. The claimant, Mr. Tomlinson (then aged 18), visited an artificial lake which was part of a country park. He dived into the water but hit his head on the sandy bottom, breaking the fifth vertebra of his neck which left him tetraplegic. He brought proceedings against Congleton Borough Council under the Occupiers’ Liability Act 1984, contending that the council had been in breach of the duty of care under s. 1(1) as the premises were not reasonable safe for his use as there had not been adequate warning of the dangers of diving into the lake. The council argued that as he was not permitted to be in the lake he had ceased to be a visitor and so was not protected under the Occupiers’ Liability Act 1957, but the claimant argued that he was covered by the 1984 Act which relates to trespassers. He claimed for loss of quality of life, loss of earnings and also the cost of the care he would require due to his injuries.