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 was liable for failing to carry out a risk assessment and failing to provide clear instructions and warnings about the safe use of golf clubs, which would have prevented the accident. J's mother was also liable for 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 supervisory role. Both breaches of duty were causative of SSR's injury.

Citation
[2018] EWHC 444 (QB)
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
Appeal / High Court Judgment on Appeal From County Court
Outcome
Bosworth's appeal dismissed; SSR's appeal allowed.
Legal Topics
Negligence, Duty of Care, Causation, Standard of Care, Personal Injury, Liability of Occupiers, Liability of Parents
Tort Law Negligence Duty of Care Causation Standard of Care Personal Injury Liability of Occupiers Liability of Parents

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

Appeal / High Court Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether Bosworth Water Trust breached its duty of care to SSR by failing to provide adequate safety instructions and warnings on the crazy golf course
  2. 2 Whether J's mother (A.B) breached her duty of care to SSR by failing to instruct the boys not to swing their clubs
  3. 3 Whether the accident was foreseeable and preventable by reasonable measures

Ratio Decidendi

Bosworth Water Trust was liable for failing to carry out a risk assessment and failing to provide clear instructions and warnings about the safe use of golf clubs, which would have prevented the accident. J's mother was also liable for 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 supervisory role. Both breaches of duty were causative of SSR's injury.

Court Disposition

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

Orders

  • Bosworth Water Trust held liable for SSR's injury.
  • J's mother (A.B) held liable for failing to instruct the boys not to swing clubs.