The Bosworth Water Trust v SSR & Ors

The Bosworth Water Trust v SSR & Ors

Bosworth Water Trust breached its duty of care by failing to carry out a risk assessment and failing to provide clear safety instructions or warnings to users of the crazy golf course, which would have prevented the accident. J’s mother (A.B) also breached her duty of care by failing to give a clear instruction not to swing the club, which was the minimum required given her knowledge of J’s behaviour and her lack of close supervision. Both breaches caused SSR’s injury.

Parties
First Defendant/appellant: THE BOSWORTH WATER TRUST; Claimant/first Respondent: SSR; Second Defendant/second Respondent: A. B; Third Defendant/third Respondent: J. B-W
Jurisdiction
England and Wales
Judgment Date
12 March 2018
Procedural Posture
Civil Appeal / Judgment on Appeal From Trial Court
Outcome
Bosworth’s appeal dismissed; SSR’s appeal allowed against J’s mother (A.B); claim against J’s father not pursued.
Legal Topics
Duty of Care, Occupiers' Liability, Parental Supervision, Causation, Risk Assessment
Tort Law Negligence Duty of Care Occupiers' Liability Parental Supervision Causation Risk Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

THE BOSWORTH WATER TRUST

First Defendant/appellant

SSR

Claimant/first Respondent

A. B

Second Defendant/second Respondent

J. B-W

Third Defendant/third Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Trial Court

Legal Issues

  1. 1 Whether Bosworth Water Trust breached its duty of care to SSR by failing to provide adequate safety instructions and risk assessment
  2. 2 Whether J’s mother (A.B) breached her duty of care to SSR by failing to give adequate safety instructions
  3. 3 Whether causation was established between the breaches and SSR’s injury

Ratio Decidendi

Bosworth Water Trust breached its duty of care by failing to carry out a risk assessment and failing to provide clear safety instructions or warnings to users of the crazy golf course, which would have prevented the accident. J’s mother (A.B) also breached her duty of care by failing to give a clear instruction not to swing the club, which was the minimum required given her knowledge of J’s behaviour and her lack of close supervision. Both breaches caused SSR’s injury.

Court Disposition

Bosworth’s appeal dismissed; SSR’s appeal allowed against J’s mother (A.B); claim against J’s father not pursued.

Orders

  • Bosworth Water Trust remains liable to SSR for damages.
  • J’s mother (A.B) found liable to SSR for damages.