The claimant was injured whilst playing about with other members of his band throwing sticks at each other. The defendant appealed against a denial of his defence on non fit injuria.
Held: The horseplay in which the five youths were engaged was not a regulated sport or game played according to explicit rules, nor was it organised in any formal sense. The offending blow was caused by a piece of bark which was thrown in accordance with the tacit understandings or conventions of the game. This was an unfortunate accident, and no more. There was no breach of the duty to take reasonable care.
Judges:
Lord Justice Clarke VC, The Vice-Chancellor Lord Justice Dyson
Citations:
[2004] EWCA Civ 814, Times 19-Jul-2004, [2004] 1 WLR 2844, [2004] 3 All ER 315
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Donoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
Cited – Condon v Basi CA 30-Apr-1985
The parties were playing football. The defendant executed a late dangerous and foul tackle on the plaintiff breaking his leg. The defendant was sent off, and the plaintiff sued.
Held: Those taking part in competitive sport still owed a duty of . .
Cited – Rootes v Shelton 1965
(High Court of Australia) Barwick CJ said: ‘By engaging in a sport or pastime the participants may be held to have accepted risks which are inherent in that sport or pastime: the tribunal of fact can make its own assessment of what the accepted . .
Cited – Wooldridge v Sumner CA 1963
A spectator was injured at a horse show.
Held: The court considered the defence of volenti non fit injuria: ‘The maxim in English law presupposes a tortious act by the defendant. The consent that is relevant is not consent to the risk of . .
Cited – Caldwell v Maguire and Fitzgerald CA 27-Jun-2001
The claimant, a professional jockey, had been injured when he was unseated as a result of manoeuvres by two fellow jockeys. At trial the judge identified five principles: ‘[1] Each contestant in a lawful sporting contest (and in particular a race) . .
Cited – Lane v Holloway CA 30-Jun-1967
In the context of a fight with fists, ordinarily neither party has a cause of action for any injury suffered during the fight. But they do not assume ‘the risk of a savage blow out of all proportion to the occasion. The man who strikes a blow of . .
Cited by:
Cited – Orchard v Lee CA 3-Apr-2009
The claimant appealed rejection of her claim for personal injuries. She was supervising a school playground, and was injured by a 13 year old child running backwards into her. She claimed against the boy. The judge found it to be mere horseplay.
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence
Updated: 11 June 2022; Ref: scu.198410