Date: Mon, 10 Mar 2008 05:30

From: David Cheifetz

Subject: Duty / Standard / Foreseeability / Causation case

Dear all:

I recall reading an English case within the past few years - I think it's the latter half of the last century: the case that is, not my reading, that was this century - which had facts something like this. X and his girlfriend went for a boat ride on a local pond. X fell out and drowned. It was his own fault. It had nothing to do with the boat or any aspect of the pond - other than that it had water into which he fell.

It turned out that there should have been a keep off the water sign because the water was polluted. That sign had fallen down. The local council was "negligent" in not putting it back up, timely. The man's estate - or maybe it was his wife, not girlfriend - sued the county, alleging that she and X would not have gone boating had the sign been up, etc.

I think the action succeeded at first instance in a County Court decision but it was reversed on appeal.

Does anybody recall the case and the citation?

Thanks,
David Cheifetz

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