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Swimming is one of those rare activities that actually allow a person to escape for a while into another element. Certain bodies of water, such as rivers, lakes and oceans will always pose some level of potential risk to the swimmer and any sensible person will be aware of this.
However, it is when a person suffers injury or death while swimming in a place where they are charged money for the privilege that their may be strong grounds for making a no win, no fee compensation claim.
The Occupiers Liability Act of 1957 burdens all landowners who allow swimmers into their properties with a "duty of care". The act is reasonably clear about what this duty is comprised of. Any hazard that causes injury "due to the state of the premises or to things done or omitted to be done to them" might be considered to form the basis for a no win, no fee compensation claim.
Landowners who wish to avail themselves of some or all liability can take measures to do so by erecting signs either warning of or prohibiting certain activities. Obviously, such signage is of little use if it is not clearly visible to all or if it fails to warn of the dangers in unambiguous language.
Business owners who are charging for the use of water will have less success in availing themselves of liability. No matter what signage they have erected, the chances are that if someone is injured as a result of their negligence, chances are that they will be considered liable for any litigation.
Even if a landowner does not invite swimmers onto his property, if there is some foreseeable risk to any person who trespasses onto the property and nothing is done to minimise or warn of that risk, he or she may very well incur some level of liability, although they are unlikely to be considered liable for 100% compensation.
Ultimately though, just as with any inherently dangerous activity, the person with the greatest liability to the swimmer is the swimmer himself. As Lord Hoffman says, "It will be extremely rare for an occupier of land to be under a duty to prevent people from taking risks which are inherent in the activities they freely choose to undertake upon the land. If people want to climb mountains, go hang gliding or swim or dive in ponds or lakes, that is their affair".
Finding a no win, no fee lawyer
If you have suffered personal injury as a result of a third party's failure to warn you of the dangers inherent in their property, you may be able to make a no win, no fee claim.
YouClaim's personal injury lawyers are among the very best in the UK and over the years they have successfully fought the interests of their clients in numerous landmark and high profile cases.
Their service is available to you at absolutely no cost. Win or lose, we guarantee you that you will never have to pay anyone a single penny in order to fund your claim.
In addition, our 100% compensation promise means that you will receive all the money awarded to you, as we never take a cut.
If you would like to find out more about what we can do for you, drop us an online claim form, fill out a callback request or discuss with a legal advisor on e-chat.
Alternatively if you would like to get your no win, no fee compensation claim underway on the phone right now, call 0800 10 757 95.
