Taylor Vinters - Solicitors

The Court of Appeal has decided that no-one was at fault for the tragic death of two-year old boy at a caravan park in Wales in August 2004.  The boy was at the park with his brother and two parents.  The park measured about 125 acres and had 1,000 caravan pitches.  Upon arrival the parents were issued with a map of the park, which identified potential dangers to unaccompanied children.  There were three lakes on site and access to the beach.

The boy and his brother wandered off whilst their mother was talking  to someone and the boy headed along a path and turned off towards a nearby lake.  The lake was encircled by a two-foot high horizontal rail with wire mesh fencing beneath.  He climbed over the rail and subsequently drowned in the lake.

The Court of Appeal took into account the fact that the lake’s location was clearly shown on the map (although the parents did not know of the lake’s whereabouts).  Although the law says that an occupier must be prepared for children to be less careful than adults, it was held by the Court of Appeal that there was a range of obvious dangers to a child roaming unaccompanied though a holiday park.  The Court of Appeal hinted that, had the danger presented by the lake not been obvious, it may have found that the park owner ought to have taken greater precautions.

There exists no guidance as to the need for protective fencing around ponds/lakes on holiday parks, although the Royal Society for the Prevention of Accidents (RoSPA) recommends a 1.1 metre high barrier be placed around domestic ponds.  The owner of the park had installed the mesh fencing in September 2007 after taking advice from environmental health officers following a similar incident.

This is a case that highlights potential dangers when allowing/inviting members of the public onto owned land - especially land with a public right of way on it. 

Although the Court of Appeal found in favour of the holiday park, we advise that you take advice from the Health & Safety Executive or RoSPA if you are concerned about potential problems on any land you may own.  Any dangers should be brought to the attention of the public and made safe as much as is reasonably possible. 

It is also essential that landowners ensure that their public liability cover is valid and provides sufficient cover.

Further information from Andrew Zajac on 01223 225025