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Bourne Leisure Ltd (t/a British Holidays) v Marsden [2009] EWCA Civ 671 (13 July 2009)

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The Court of Appeal held that the owner of a holiday site had not been under an obligation to bring the precise location of a pond to the attention of parents staying on the site as the danger that it posed to unaccompanied children was obvious. In the absence of any guidance given by ROSPA or the Health and Safety Executive, it had not been open to the trial judge to find the Appellant had acted negligently in failing to mention the pond specifically, still less the existence of the paths which led up to it. Holiday sites almost inevitably contain dangers to small, unaccompanied children. It was noted that the site owner had given the parents a plan which did show the location of the pond.

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