Donoghue v. Folkestone Properties Ltd [2003] 2 WLR 1138
The claimant broke his neck on an underwater obstruction after diving from a harbour peer late on a winter’s night. He sued the harbour owner for damages under the Occupiers’ Liability Act 1984. The claim was successful but the court found he could only recover 25% of damages due to his own negligence. The defendant appealed claiming that he could reasonably be held responsible if the incident had occurred in the summer, when people commonly swam in that area, but not for an incident that occurred on a winter’s night. Held: liability under the 1984 Act had to be determined having regard to the circumstances prevailing at the time that it was alleged that the breach of duty had resulted. The appellant’s case was upheld.
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