Facts
- Congleton BC were the occupiers of a lake surrounded by small beaches. Swimming was prohibited.
- Tomlinson dived into the water, where he hit some sand and suffered catastrophic person injuries
Issue
- Could the Council be held liable?
Decision
- No
Reasoning
- The damage was not due to the state of the premises, but to a reckless act of the claimant
- Neither under the 1957 Act nor the 1984 Act could the authority have owed a duty
- Allowing liability would have significantly diminished the social value of the lake area
