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.