Plymouth City Council not to blame for accident on their landWednesday 6th October 2010
The Court of Appeal have found Plymouth City Council were not responsible for a serious accident sustained by a young man who fell into a car park next to a local superstore. The injury occurred on land belonging to the Council. The man had been drinking and was running away from a taxi in order to avoid paying a fare when he sustained his injury.
The man claimed that the Council were negligent for failing to make sure that the land was safe for use by "visitors". The Appeal Court found that although the young man had not entered the land with any malicious intent, he was not a lawful "visitor" and when a local authority gives a license to the public to use its land for recreational purposes, it is on the understanding that this is for "normal recreational activities, carrying normal risks" and this did not stretch to cover any form of reckless activity.
JONATHAN HARVEY v PLYMOUTH CITY COUNCIL (2010)  EWCA Civ 860
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