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Tomlinson v Congleton Borough Council [2003]


  • 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


  • Could the Council be held liable?


  • No


  • 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
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