header-logo header-logo

In deep water

13 June 2013 / Henry Morton Jack
Issue: 7564 / Categories: Features , Landlord&tenant
printer mail-detail

The High Court has provided guidance on the correct approach to assessing an occupier’s duty of care relating to foreseeable risk. Henry Morton Jack reports

In Ryan Andrew Cockbill v David Riley [2013] EWHC 656 (QB), the claimant, who was born on 17 June 1990, sustained a catastrophic spinal injury in an accident on 20 July 2006, while attending a party at the defendant’s home to celebrate, along with the defendant’s daughter and others, the end of their GCSE examinations. The claimant entered a large paddling pool in the garden and suffered a serious hyperflexion injury resulting in a fracture of the spine and consequent incomplete tetraplegia. The defendant, who was present throughout the evening, had bought a limited amount of alcoholic drink, namely a 12-pack of small bottles of Budweiser beer and 12 bottles of Vodka Kick.

The pool in which the claimant suffered injury had been brought by one of the guests and filled by the defendant. The claimant had not taken swimwear to the party and did not know there would be a paddling pool provided. He arrived at about

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll