Watch the video and then discuss the advice you would offer before comparing your ideas with those suggested.

Suggestions

  • You may have been a visitor when you arrived at the lake but you were a trespasser when you entered the water as you were aware that you were not permitted to dive in the lake.
  • Any successful claims would have to be under the Occupiers' Liability Act 1984 where the local council has a duty to take care as is reasonable to see that the non-visitor is not injured on the premises by the danger concerned.
  • The question of liability depends on whether the use of warning signs by the Council can be regarded as having taken reasonable care to ensure the non-visitor is not injured.
  • The decision in Tomlinson v Congleton Borough Council [2003] held that warning signs and patrols were reasonable care to ensure that non-visitors were not injured.
  • The council may try to rely on volenti because you had knowledge of the risk and willingly consented to accept that risk.