The claimant sought damages after being injured on an adventure sports weekend hosted by the defendant.
Held: The defendants had failed to follow their own safety procedures associated with this particular feature. The landing area cushioning had suffered compaction and did not meet the appropriate standards. However it had not been shown: ‘whether, on a balance of probabilities, the injury would have been less severe or would have been avoided if adequate impact attenuating material had been in place. In those circumstances, I find that the claimant has failed to establish the necessary causative link between his injury and the defendant’s breach of his duty to provide adequate impact attenuation. ‘
Swift J
[2013] EWHC 229 (QB)
Bailii
Occupiers’ Liability Act 1957
England and Wales
Citing:
Cited – Drake v Harbour CA 31-Jan-2008
The plaintiff engaged the defendants to re-wire her house. She was away, and the defendants in sole charge of the house when it suffered a major fire originating in a room used by the defendants. The defendants appealed a finding of liability saying . .
Cited – Vaile v London Borough of Havering CA 11-Mar-2011
The claimant teacher sought damages after being assaulted at school by a child with special needs. The pupil had been identified as having an autistic spectrum disorder (ASD) but the claimant was not aware of that and had not been advised as to the . .
Cited – Clough v First Choice Holidays and Flights Ltd CA 25-Jan-2006
The appellant broke his neck slipping from a wall in a swimming pool in Lanzarote. The wall was not coated with fully non-slip paint. At first instance the failure to use such paint was held negligent for the purpose of the contract between them and . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence
Updated: 10 November 2021; Ref: scu.470999
