Social Utility CASES

Lady justice next to law books

Watt v Hertfordshire CC [1954] EWCA Civ 6

A firefighter was injured by unsecured equipment in a vehicle responding to an emergency. The court held the employer was not liable, as the urgent need to save a life justified a greater risk than in a commercial setting. This case established the importance of 'social utility' in assessing the standard of care in negligence. Facts A woman was trapped under a heavy lorry following an accident. The fire station, run by the defendants, Hertfordshire County Council, was called to the scene. This required the use of a heavy lifting jack. The specific vehicle designed to carry this jack was

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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