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Bourne Leisure v Marsden

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Bourne Leisure Ltd v Marsden [2009] EWCA Civ 671, a case before the Court of Appeal concerning occupiers' liability, and affirming the previous decision of Phipps v Rochester.


The mother left her child unattended in a park bench for a few minutes while she was speaking to someone. The child climbed over a fence and drowned in a pond. The mother sued the owner of the park.


The Court of Appeal followed the decision in Phipps, Moses LJ said that it is impractical to fence off every hazard, and dangers such as drowning in a pond are very obvious to the parents it need not be warned about. The Court of Appeal stressed that this was not the fault of the parent.

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