Court of Appeal upholds liability for failure to provide warning signs at visitor attraction

News | Thu 12th May, 2016

The Court of Appeal have upheld a finding that English Heritage are liable for serious head injuries suffered by a visitor to Carisbooke Castle on the Isle of Wight. The Claimant was injured when he fell down an unmarked sheer drop into a moat while walking round the tower fortifications. Although the Master of the Rolls restated that there was no need to warn of obvious dangers, in this case the Claimant had succeeded in showing that the danger was not obvious and a warning sign should have been provided. An argument that such a ruling would lead to an unwelcome proliferation of unsightly warning signs over historic sites was rejected as all the Occupiers Liability Act called for was reasonable measures to be taken.

John Foy QC and Shahram Sharghy of 9 Gough Chambers acted for the Claimant in Taylor v English Heritage [2016] EWCA 448. Judgment handed down 11th May 2016.

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