## Facts

- John Tomlinson sustained severe injuries after jumping into a shallow lake in Brereton Heath Country Park, managed by Congleton Borough Council.
- The council had taken measures to deter swimming, such as installing warning signs and attempting to restrict access to the lake.
- Tomlinson was injured while engaging in a recreational activity that was known to carry obvious risks, despite the council’s warnings and deterrent measures.
- The case required consideration of whether the council had breached its duty of care under the Occupiers' Liability Act 1984.

## Issues

1. Whether the council owed a duty of care to Tomlinson under the Occupiers' Liability Act 1984 for injuries from a natural hazard in a public park.
2. Whether the measures taken by the council (warning signs and restricting access) were sufficient to discharge any duty owed.
3. Whether imposing further liability would undermine the social utility of public spaces and unreasonably restrict access to natural features.
4. Whether Tomlinson’s voluntary assumption of risk precluded recovery.

## Decision

- The House of Lords ruled in favour of Congleton Borough Council, holding it had not breached its duty of care.
- The lake was considered a natural feature and not an "unusual danger," and the council had taken reasonable steps to warn visitors.
- The duty under the Occupiers’ Liability Act 1984 is not absolute but depends on context, including the hazard’s nature and the practicability of further precautions.
- Tomlinson voluntarily assumed the risk by ignoring clear warnings and thus could not recover.
- The court emphasized the impracticality of requiring councils to eliminate all possible dangers in public spaces.

## Legal Principles

- The Occupiers' Liability Act 1984 imposes a contextual, not absolute, duty of care on occupiers regarding hazards in public areas.
- Liability does not arise where there is a natural hazard and reasonable warnings have been provided.
- There must be a balance between public safety, personal responsibility, and the social benefits of open public spaces.
- Voluntary assumption of risk by a claimant can absolve an occupier of liability.
- Distinction exists between natural and artificial hazards in assessing occupiers' liability.
- Local authorities are not insurers of public safety; their liability only arises upon failure to take reasonable steps concerning known dangers.

## Conclusion

The House of Lords established that local authorities are not strictly liable for natural hazards in public parks when reasonable warnings are given, reaffirming the importance of personal responsibility and social utility over imposing excessive obligations on occupiers.


Tomlinson v Congleton BC [2004] 1 AC 46