October 5, 2025
Tomlinson v Congleton BC [2003] UKHL 47
A man became tetraplegic after diving into a shallow lake at a country park, despite clear warning signs. The House of Lords ruled the council was not liable, as the obvious danger arose from the claimant's own voluntary actions, not the state of the premises. Facts The claimant, Mr John Tomlinson, then aged 18, visited Brereton Heath Country Park, owned and occupied by Congleton Borough Council. In a reckless act, he performed a shallow dive into a lake (a former sand quarry) and struck his head on the sandy bottom. The impact severed his spinal cord, resulting in tetraplegia. The
