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Posted By Chris Pope
Quite a while ago someone fell off the sea wall at Lyme Regis, another drowned in a pond - I think there were some decision made ref negligence of the owners. Somewhere along the line an advisory group to the owners of open country issued guidance on the provison of barriers, fences signs and other precautions to demonstrate reasonableness. It would be brilliant if one of the team out there could remember where this guidance can be found.
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Posted By peter gotch Hi Chris For information on recent cases see http://www.river-swimming.co.uk/occu.htmPersonally I was not entirely convinced by the decision in the Darby case, as reports indicated that the National Trust were well aware that swimming in the pond was custom and practice, hence should at the very least have perhaps provided life saving equipment. See also RoSPA guide to "Safety at Inland Water Sites" [or similar title] which advocates a risk assessment approach, eg so that heavily populated sites and where likely to be at higher risk people [ie kids etc]would demand a higher level of protection than eg a slow flowing river in the middle of the countryside. Regards, Peter
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