| Commentary

153 Children

| Commentary

153 Children

Where visitors to a garden are children, the duty of care under the Occupiers’ Liability Act 1984 is higher, and higher still where the activities in the garden constitute an ‘allurement’. The heightened duty may apply towards teenagers and not just young children1. A children’s firework party is, therefore, for the garden owner, a most risky operation2.

It has been held by the Court of Appeal that a community garden owner did not have to lay the higher standard of surfacing which would be required for a children’s playground, where the owner should have

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