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ARTICLE · 25 AUGUST 2026

Managing The Risks Of Open Water Swimming

Shepherd and Wedderburn
Shepherd and Wedderburn
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Shepherd and Wedderburn

Shepherd and Wedderburn

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Rural landowners face complex legal questions when wild swimmers use their lochs, rivers and reservoirs. With water-related fatalities rising and participation surging, understanding occupier liability duties has become essential for estates, farms and rural businesses managing open water access.

United KingdomLitigation, Mediation & Arbitration

This article was first published in Scottish Farming Leader, with a shortened version also published in The Scotsman. 

Wild swimming is no longer a niche activity. Tens of thousands of people now frequently head to Scotland’s lochs, rivers and reservoirs – especially in summer, when the water is at a more comfortable temperature. While this has many benefits for both physical and mental health, it also has risks: according to the National Water Safety Forum’s annual report, there were 39 accidental water-related fatalities in Scotland last year alone. Rural landowners and occupiers should carefully consider whether they owe any legal duties to people who enter their land to swim in open water.

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