The Bosworth Water Trust v SSR & Ors [2018] EWHC 444 (QB) (12 March 2018)

The Bosworth Water Trust v SSR & Ors [2018] EWHC 444 (QB) (12 March 2018)

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 regarding the use of metal putters by children, 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 were causative of SSR's injury.

Citation
[2018] EWHC 444
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 / High Court (queen's Bench Division) Appeal From County Court Judgment
Outcome
Bosworth's appeal dismissed; SSR's appeal allowed.
Legal Topics
Negligence, Duty of Care, Causation, Standard of Care, Liability of Occupiers, Liability of Parents, Risk Assessment, Recreational Accidents
Tort Law Personal Injury Negligence Duty of Care Causation Standard of Care Liability of Occupiers Liability of Parents +2 more

Case Brief

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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 / High Court (queen's Bench Division) Appeal From County Court Judgment

Legal Issues

  1. 1 Whether Bosworth Water Trust breached its duty of care to SSR by failing to provide adequate risk assessment and warnings.
  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 the accident was foreseeable and preventable by reasonable measures.

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 regarding the use of metal putters by children, 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 were causative of SSR's injury.

Court Disposition

Bosworth's appeal dismissed; SSR's appeal allowed.

Orders

  • Judgment against Bosworth Water Trust for negligence upheld.
  • Judgment against J's mother (A.B) for negligence entered; liability established.