Summary of Recent Cases – Substantive Law

Blair-Ford v CRS Adventures Ltd [2012] EWHC 2360 (QB), [2012] All ER (D) (Aug)

The Claimant was a teacher who in 2007 attended an adventure holiday with a number of other staff and students. The adventure holiday was organised by the Defendant company. The Defendant organised a series of competitions, one of which involved members of staff throwing wellington boots. The Claimant was instructed by an instructor employed by the Defendant to throw the wellington boot backwards between his legs. He did so with some force, fell forwards hitting his head on the ground and suffering permanent tetraplegia.

The Claimant claimed that the Defendant had failed to carry out an adequate assessment of the risks involved in this activity.

The Claimant’s claim was dismissed. It was held that, while there had not been a formal risk assessment of this activity, a dynamic risk assessment was acceptable. The risk of injury occurring in this particular activity had not been such that it was unreasonable for the Defendant to have provided against it. There had been no reasonably foreseeable risk of harm (see paras 62 and 68 of the judgment).

September 19, 2012 В· Editorial Team В· Comments Closed
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