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 care to others taking part with them. The standard of care was objective and matched the circumstances. If a player fell below the normal and expected standards he should expect to be held liable. There was an obvious breach of the defendant’s duty of care because he showed a reckless disregard of the plaintiff’s safety and his conduct fell far below the standards which might reasonably be expected of anyone playing the game. ‘The standard is objective, but objective in a different set of circumstances. Thus there will of course be a higher degree of care required of a player in a First Division football match than of a player in a Fourth Division football match.’
Sir John Donaldson MR, Stephen Brown LJ, Glidewell J
[1985] 2 All ER 253, [1985] 1 WLR 866, [1985] EWCA Civ 12
Bailii
England and Wales
Citing:
Approved – 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 by:
Cited – Blake v Galloway CA 25-Jun-2004
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 . .
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) . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence
Updated: 11 December 2021; Ref: scu.188813
