Corbett v Cumbria Kart Racing Club & Ors

Corbett v Cumbria Kart Racing Club & Ors

Liability is established against both defendants because it was reasonably foreseeable that a vehicle could leave the track at speed and collide with the ambulance, and the defendants failed to take reasonable steps to prevent this by either not placing the ambulance there or by providing adequate barriers. The tyre barrier was inadequate, no proper risk assessment was conducted, and the breach was causative of the claimant's injuries. Contributory negligence is assessed at 10% for the claimant's failure to ensure the seat was sufficiently secure.

Parties
Claimant: Peter Corbett (by Anita Corbett, litigation friend); First Defendant: Cumbria Kart Racing Club; Second Defendant: Tracksport Challenge Limited; Third Defendant: RAC Motor Sports Association Ltd
Jurisdiction
England and Wales
Judgment Date
22 May 2013
Procedural Posture
Civil Personal Injury / Judgment on Preliminary Issues of Causation and Liability
Outcome
Judgment for the claimant against both defendants, subject to a 10% reduction for contributory negligence. Damages to be assessed.
Legal Topics
Duty of Care, Breach of Duty, Causation, Contributory Negligence, Motor Sports Liability
Tort Law Personal Injury Occupiers' Liability Duty of Care Breach of Duty Causation Contributory Negligence Motor Sports Liability

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Parties

Peter Corbett (by Anita Corbett, litigation friend)

Claimant

Cumbria Kart Racing Club

First Defendant

Tracksport Challenge Limited

Second Defendant

RAC Motor Sports Association Ltd

Third Defendant

Procedural Posture

Civil Personal Injury / Judgment on Preliminary Issues of Causation and Liability

Legal Issues

  1. 1 Whether the defendants breached their duty of care to the claimant under common law and the Occupiers Liability Act 1957
  2. 2 Whether the positioning of the ambulance and adequacy of the tyre barrier constituted a breach of duty
  3. 3 Whether the claimant's injuries were caused by the defendants' breach

Ratio Decidendi

Liability is established against both defendants because it was reasonably foreseeable that a vehicle could leave the track at speed and collide with the ambulance, and the defendants failed to take reasonable steps to prevent this by either not placing the ambulance there or by providing adequate barriers. The tyre barrier was inadequate, no proper risk assessment was conducted, and the breach was causative of the claimant's injuries. Contributory negligence is assessed at 10% for the claimant's failure to ensure the seat was sufficiently secure.

Court Disposition

Judgment for the claimant against both defendants, subject to a 10% reduction for contributory negligence. Damages to be assessed.

Orders

  • Claimant entitled to judgment for 90% of damages to be assessed against both defendants.
  • Parties invited to make submissions on the terms of the order.