Bourne Leisure Ltd v Marsden [2009] EWCA Civ 671

Facts

  • A 2-year-old child drowned in a pond in a holiday park
  • There was a fence but it was not high enough to prevent him from climbing in
  • Issue: were D occupiers liable under the Occupiers’ Liability Act 1987?

Held

  • There was no breach of duty by occupiers as the danger would have been obvious to adults and it was reasonable to expect such as child to have been under adult supervision

Commentary