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Study Notes

Key Case | Bourne Leisure v Marsden (2009) | Occupiers Liability – Child Visitors

Level:
A-Level, BTEC National
Board:
AQA, Edexcel, OCR, IB, Eduqas, WJEC

Last updated 8 Oct 2020

Occupiers of premises owe a duty of care to keep the premises reasonably safe to children, this duty does not extend to making parents aware of dangers which are clear and obvious.

CASE SUMMARY

Claimant: Parents of deceased child

Defendant: Holiday park

Facts: A 2 ½ year-old boy drowned in a pond on a holiday park whilst under the care of his parents. The parents of the child sought a claim in occupiers’ liability against the park upon the basis that the pond should have had a barrier or a fence surrounding it, or at least made the danger known to parents on the site.

Outcome: Not Liable

Legal principle: Whilst the parents were not at fault, that does not automatically impose fault on the defendants. Liability was not imposed on the occupiers’ by failing to specifically draw to the attention of parents the dangers of the pond as the dangers were obvious.

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