England: Occupiers' Liability Act

John Downes's picture

Tysall Ltd v Snowdrome, 28 July 2006.

T was injured on S’s premises whilst tobogganing. T set off sequentially with four others from the top of the slope. 50 metres down the slope there was a bend where one had to change direction and perform a 90 degree left hand turn. T’s toboggan struck the outside barrier and she fell off. She was struck by one of the four that were following her and she sustained injuries to her left ankle and thigh.

The group had been given safety instructions on how to use the equipment but not on what to do if you fell off. There were supervisors present at the start and at the bend. T claimed that S was in breach of a duty of care under the Occupiers’ Liability Act 1957.

The court held that S was not in breach of its duty of reasonable care under the 1957 Act. The sport involved an element of risk and that was part of the thrill. Although S could have taken further steps to prevent the accident that would have adversely affected the enjoyment of the sport.

X