An occupier of canal-side residential property is not required to erect warning signs or alter a boundary fence to guard against the risk of a guest diving from the fence into obviously shallow water. Where the risk of injury exists only in the case of someone ignoring the obvious, the occupier's duty of reasonable care does not extend to preventing such foolhardy conduct. An appellate court will substitute a verdict of no breach where the jury's finding of negligence is one that reasonable jurors could not have reached.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.