Occupiers' Liability: The Inherent And Obvious Risks Of Navigating Puddles

The Court also provided a useful summary of occupiers' legal duties in this area, stating that an event coordinator does not owe a duty of care to warn a participant of an 'inherent and obvious' risk. Considering the nature of activities which the Claimant had 'freely undertaken', the Court found the Tomlinson principles applied. Such risks did not warrant a risk assessment nor constitute a breach of duty in failing to compete one.

Background

On the day of the incident, the Claimant was following an instructor down a public byway in the concluding stages of a motorcyclist event. When navigating his way down the road, he drove through a puddle and allegedly struck an object hidden in the muddy water causing him to lose control of his motorbike. As a result, he sustained catastrophic injuries.