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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.

Facts:Edit

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.

Judgment:Edit

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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