Description
Thirlwall J held that the defendant householder was not liable in common law negligence or under section 2 of the Occupiers' Liability Act 1957 in respect of personal injuries sustained by the adult claimant (aged 18) who had dived into his private swimming pool and was thereby rendered tetraplegic. Thirlwall J held that the swimming pool had been competently and properly designed and built and was well maintained and accordingly the risk that arose from diving into the swimming pool was caused by the inherent risk in diving and not from the state of the premises. As such, Thirlwall J held that the swimming pool was not unsafe for diving into and therefore the defendant did not owe a duty to make the swimming pool out of bounds to the claimant.
