Cole v Davis-Gilbert

An occupier of a village green was not liable for an injury caused by a hole left by a maypole, because the hole had been filled in and the occupier had acted reasonably.

Citation
[2007] EWCA Civ 396
Court
Court of Appeal (Civil Division)
Year
2007
Subject
Tort Law
Topic
Occupiers' liability

Facts

Mrs Cole was walking across a village green when she caught her foot in a hole and broke her leg. The hole had been dug to hold a maypole for a village fête, and it had been filled in after the fête, but someone had removed the filling. She sued the owners of the green and the organisers of the fête.

Legal principle

The Court of Appeal held that neither defendant was liable. Scott Baker LJ said that the hole had been properly filled in after the fête, and that the duty of the occupier was to take reasonable care, not to guarantee the safety of visitors. Accidents happen, and the law does not require occupiers to remove every possible danger. Not every accident is somebody else's fault, and the claimant had simply suffered an accident for which no one was responsible.

Related cases on occupiers' liability

Studying tort law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions