Occupiers liability: Ratcliff v McConnell and others (30 November 1998) Court of Appeal

This case was an appeal by the owners and occupiers of a college open-air swimming pool, Mr G R McConnell and Mr E W Jones, on their own behalf and as representative governors of Harpur Adams Agricultural College, against a finding that they were liable in damages to Mr Ratcliff for breach of the duty owed to him under the Occupiers Liability Act 1984. Mr Ratcliff, a student at the college, had climbed over a locked gate at night which had prevented normal access to the occupiers' premises and had dived headfirst into the swimming pool located on the premises. Mr Ratcliff hit his head on the bottom of the swimming pool, as a result of which he suffered tetraplegia. Section 1 of the Occupiers Liability Act 1984 imposes a duty on the occupier to trespassers in respect of any risk of their suffering injury on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done on them. Such duty, if found to be in existence, requires the occupier to take such care as is reasonable in all the circumstances of the case, and varies greatly depending on whether the trespasser was very old or very young and so might not appreciate the danger which may be or ought to be apparent to an adult.

Section 1(6) of the Occupiers Liability Act 1984 does, however, provide that no duty is owed by the occupier to any person (including a trespasser) who willingly accepts the risk as his own. Mr Ratcliff had admitted that he had been fully aware that the pool was closed for the winter, that the water level was low and that it was dangerous to dive headfirst into shallow water. The court therefore held, allowing the appeal, that

Mr Ratcliff had been aware of the risk and had willingly accepted it. Accordingly Mr McConnell and Mr Jones, in their relevant capacities, owed no duty towards Mr Ratcliff.
(Times Law Reports, 3 December 1998)