October 3, 2025
Rhind v Astbury Water Park Ltd [2004] EWCA Civ 756
A trespasser dived into a lake at a water park and was seriously injured by a submerged object. As the park owners were unaware of the object's existence, the court held they owed no duty of care under the Occupiers' Liability Act 1984. Facts The claimant, Mr Gary Rhind, aged 21, suffered tetraplegia after diving into a shallow lake, or mere, at a country park owned and occupied by the defendant, Astbury Water Park Ltd. The park was a disused sand quarry. Despite a prominent sign stating ‘Private Property Strictly No Swimming’, the claimant ran and performed a shallow dive