Justis Editorial on 30 August 20111 person recommends this

The Court of Appeal (Civil Division) handed down judgement in the matter of Bourne Leisure Ltd v Marsden [2009] EWCA Civ 671 on 13th July 2009. In 2004 Matthew Marsden, aged 2 1/2 drowned in a pond in Greenacres Holiday Park.

The trial judge held that on the balance of probabilities information as to the location and easy access to the pond would have made a difference. In failing to give such warnings the operator had failed to discharge their duty to visitors under section 2 of the Occupiers’ Liability Act 1957 c. 31.

In allowing the appeal the Court held that in the exercise of reasonable care, the occupiers were under no duty to bring to the attention of parents so obvious a danger. The judge was not entitled to conclude that the appellant had failed to discharge its duty.