MORE COMMON SENSE

Mrs Parker (on a winter holiday) was told by her tour operator's representatives no to proceed beyond a red light on a toboggan run. She did and was injured and she sued.  She thought that there ought to have been a member of staff on hand to prevent her from proceeding past the red light.  The Trial Judge (the ever sound and excellent HHJ Simpkiss of Brighton County Court and DCJ for Surrey, Sussex and Kent) dismissed her claim.

As did the Court of Appeal Longmore LJ:

I cannot bring myself to hold that it is the duty of a tour operator dealing with rational adults on a winter holiday to repeat simple warnings already given with clarity or to point out obvious dangers of ice on the road and the relative safety of snow at its side.  So to hold would only encourage potential claimants to believe that whenever an injury occurs someone must be to blame. That is not what the law of negligence is about.

Common sense prevailed again.

Parker v TUI:   Follow the link

[2009] EWCA Civ 1261