The claimant alleged negligence in the defendant who had organised an off-road motorcycling event in which he was injured. He hit a stone submerged in a puddle causing the accident.
Held: ‘the Claimant has failed to discharge the burden on him to prove that he struck an object concealed in the water which was large enough to precipitate his fall. Although there is no burden of proof on the Defendant, I find that it is more probable that the Claimant’s fall was precipitated by him striking the rocks on the eastern side of the puddle, due to making an error in the manner in which he negotiated the puddle.’
Judges:
Michael Bowes QC sitting as Deputy Judge of the High Court
Citations:
[2020] EWHC 1265 (QB)
Links:
Jurisdiction:
England and Wales
Personal Injury
Updated: 06 December 2022; Ref: scu.651235
