Claim for damages after injury climbing at a facility operated by the defendants.
Held: The claim failed: ‘The Participation Statement at the top of the Disclaimer, which, on any view, that the Claimant accepted that she had read, makes it plain that climbing is an activity with a danger of personal injury or death. Moreover as Miss Dabbs made clear in her evidence, which was not seriously challenged, and which I accept, there were at least two notices warning users of the bouldering wall that matting did not make it any safer and at least one notice that spelt out that broken or sprained limbs are common. These were located on both sides of the entrance to the bouldering area and were there to be seen, whether or not the Claimant in fact read them. The mere fact that the Defendant could have done more by perhaps having a receptionist spell out the risks verbally or by handing out a photocopy of the notice warning of the risks and that the mat did not make it any safer is nothing to the point if the steps which were taken were themselves sufficient, as I find they were.’
Judges:
McKenna QC HHJ
Citations:
[2017] EWHC 378 (QB)
Links:
Jurisdiction:
England and Wales
Personal Injury, Negligence
Updated: 24 March 2022; Ref: scu.581315
