The claimant was injured on a poolside on an ‘It’s a Knock Out’ fun day organised by the defendants. He suggested that the risk assessment was inadequate.
Held: The claim failed. The question for decision is not whether adequate risk assessments had been undertaken, but whether the defendants took reasonable measures to ensure that the game was safe. The pool was less than 1.5 metres deep, but the claimant had been allowed to enter head first. The risk of serious injury posed by the pool game was very small. The contestants were told to take care on entering the pool. It was obvious that they should not attempt to dive in without sliding over the side. In sliding over the side they would be moving essentially horizontally and the friction would slow the pace of entry. At that point the contestants would be about a metre above the ground and by entering with arms outstretched to the front, they could be expected to be able to control the impact with the bottom of the pool – a lining resting on a grassed playing field. The existence of a small risk did not mean that the defendants were negligent: ‘A balance has to be struck between the level of risk involved and the benefits the activity confers on the participants and thereby on society generally. ‘
Judges:
Field J
Citations:
[2010] EWHC 46 (QB)
Links:
Statutes:
Provision and Use of Work Equipment Regulations 1998, Management of Health and Safety at Work Regulations 1999 3 10
Jurisdiction:
England and Wales
Cited by:
Appeal from – Uren v Corporate Leisure (UK) Ltd CA 2-Feb-2011
The claimant suffered injury at a competitive fun day organised by his employers, the RAF at a facility of the respondents. He struck his head diving into a very shallow inflatable pool. He appealed against dismissal of his claim.
Held: The . .
First Trial – Uren v Corporate Leisure (UK) Ltd and Another QBD 26-Feb-2013
The claimant was seriously injured on a ‘Hello and Fun’ day. He and several others had taken part in a competitive game in the course of which they were allowed to enter a small pool with a one-metre drop into a depth of water of only 18 inches head . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence, Health and Safety
Updated: 11 May 2022; Ref: scu.393388