Darby v National Trust [2001] EWCA Civ 189 (29 January 2001)
![Darby v National Trust [2001] EWCA Civ 189 (29 January 2001)](https://sbt.blob.core.windows.net/storyboards/9856080d/darby-v-national-trust--2001--ewca-civ-189--29-january-2001-_thumb.webp?utc=132680301854230000 "Darby v National Trust [2001] EWCA Civ 189 (29 January 2001)")
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- SCENE 1
- OH NOOOO! ,MY HUSBAND
- HELP! HELP!
- SCENE 2
- WHY ARE YOU SWIMMING AT HERE? IT DANGEROUS
- HE UNCONSCIOUS. SEEMS HE STILL ALIVE
- SCENE 3
- 2 WEEKS LATER
- THE NATIONAL TRUST MUST BE RESPONSIBLE OF MY HUSBAND'S DEATH
- On 23rd August 1997 Kevin Dodd tragically drowned in this pond
- SCENE 4
- THE PREMISES MUST PUT THE WARNING NOTICE AT THE POND
- Mr Kevin Morris, who waswalking beside one of the other lakes, came to help, and he bravely searched for Mr Darby in the pond and eventually came across him and managed to drag him out.
- SCENE 5
- These proceedings were brought by Mrs Darby on behalf of her husband's death against the National Trust.
- SCENE 6
- NOT BE THE DUTY OF THE OWNER TO HAVING NOTICES WARNING
- AGREE
- Miss Kirkwood behalf of Mrs. Darby stated that the Row Ponds were particularly unsuitable for swimming. The water was deep in the middle and generally murky, and the ground at the edges was uneven. There were no clearwarning notices.
- Mr Walker QC, on behalf the National Trust, submits that the assistant recorder's findings of negligence were all variants of the finding that the defendant ought not to have permitted Mr Darby to swim in the pond atall, as opposed to a failure to provide adequate rescue facilities.
- THE DANGER WAS OBVIOUS
- The Lord Justice submitted that there was no proper correlation between the risk of swimming in this pond and the risk of swimming in the sea. It cannot be the duty of the owner to have notices warning of the dangers of swimming in the pond. (claimant's costs assessed at nil; defendants costs to be paid by the Legal Services Commission; application to appeal to the House of Lordsrefused).
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