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Parker v Tui UK Ltd [2009] EWCA Civ 1261 (27 November 2009)


Tour Operator Not In Breach Of Duty Of Care To Holidaymakers Using Toboggan Run operated by Local Company:The Court of Appeal held that Judge had not erred in dismissing the Claimant's claim against the Defendant tour operator for personal injury sustained on a toboggan run operated by a third party local operator in a ski resort. The Court of Appeal held that whilst the Defendant owed a duty of care to the Claimant, as its customer, there had been no breach of duty on the part of the Defendant. Whilst no specific risk assessment had been carried out with respect to lower part of the run at the end of the toboggan run, being the location of the accident, participants such as the Claimant had been warned not to remount their toboggans after dismount at the end of the run. Accordingly, a risk assessment would not have made any difference as the assessment that would have been made would have been only to repeat the warning already given to participants not to remount after the end of the run.