Harvey v Plymouth CC [2010] EWCA Civ 860

Facts

  • Mr. Harvey, a 19-year-old, suffered serious injuries after falling from a 2.5-meter-high wall in a public park owned and maintained by Plymouth City Council.
  • The wall separated the park from a road; Mr. Harvey had climbed the wall to retrieve a football and then fell.
  • Mr. Harvey claimed the council breached its duty of care under the Occupiers' Liability Act 1957 by failing to prevent such accidents, suggesting warning signs or barriers should have been installed.
  • Plymouth City Council asserted the wall presented an obvious danger, and Mr. Harvey had voluntarily assumed the associated risks by climbing it.
  • At first instance, the trial judge ruled in favour of the council, finding no breach of duty as the danger was obvious.
  • Mr. Harvey appealed this decision to the Court of Appeal.

Issues

  1. Whether the council owed a duty of care under the Occupiers' Liability Act 1957 in relation to an obvious danger.
  2. Whether the council breached any duty by failing to provide warnings or barriers in respect of the wall.
  3. To what extent, if any, contributory negligence by Mr. Harvey should affect the outcome.

Decision

  • The Court of Appeal upheld the trial judge’s decision, holding that the council had not breached its duty of care.
  • It was found that the danger posed by the wall was obvious, and it was not reasonable to require the council to take further steps such as erecting warning signs or barriers.
  • The court concluded that the duty of care does not extend to protecting individuals from obvious dangers willingly encountered.
  • Imposing more onerous obligations would place an unreasonable burden on public authorities.
  • The doctrine of contributory negligence was emphasized, noting that the claimant voluntarily exposed himself to the risk.

Legal Principles

  • The duty of care under the Occupiers' Liability Act 1957 requires occupiers to take reasonable care for the safety of lawful visitors, but this duty is not absolute and must be considered in context.
  • Public authorities are not insurers of public safety.
  • Where a danger is obvious and a claimant voluntarily accepts the risk, the occupier’s duty does not extend to guarding against such dangers.
  • The principle of contributory negligence may reduce or defeat a claim where the claimant contributed to their own injury.
  • The court’s decision aligns with previous cases, including Tomlinson v Congleton Borough Council [2003] UKHL 47 and Ratcliff v McConnell [1999] 1 WLR 670, which establish that occupiers are not liable for injuries sustained due to obvious dangers voluntarily encountered.

Conclusion

The Court of Appeal confirmed that Plymouth City Council was not liable for Mr. Harvey’s injuries, as the wall presented an obvious danger and the duty of care under the Occupiers' Liability Act 1957 did not require protection against such risks. The judgment clarifies that public authorities are not required to eliminate all hazards on their land and that individuals must bear responsibility for obvious dangers they willingly encounter.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal