Cornish Glennroy Blair-Ford v CRS Adventures Ltd

Cornish Glennroy Blair-Ford v CRS Adventures Ltd

The court found that the risk of injury from throwing the welly backwards through the legs was not a foreseeable real risk but a mere possibility that would not influence a reasonable person. The instructors conducted a dynamic risk assessment and reasonably concluded there was no risk of injury. The accident was a tragic but unforeseeable event, and no breach of duty was established.

Parties
Claimant: Cornish Glennroy Blair-Ford; Defendant: CRS Adventures Limited
Jurisdiction
England and Wales
Judgment Date
13 August 2012
Procedural Posture
Personal Injury Negligence / Judgment After Trial on Liability Only
Outcome
Claim dismissed; judgment for the defendant
Legal Topics
Negligence, Duty of Care, Risk Assessment, Foreseeability, Standard of Care, Compensation Act, Social Utility of Activities
Tort Law Personal Injury Negligence Duty of Care Risk Assessment Foreseeability Standard of Care Compensation Act +1 more

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Parties

Cornish Glennroy Blair-Ford

Claimant

CRS Adventures Limited

Defendant

Procedural Posture

Personal Injury Negligence / Judgment After Trial on Liability Only

Legal Issues

  1. 1 Whether the defendant owed and breached a duty of care to the claimant in the conduct of the welly-wanging activity
  2. 2 Whether the risk of injury was foreseeable and required precautions
  3. 3 Whether the risk assessment conducted was adequate and reasonable under the circumstances

Ratio Decidendi

The court found that the risk of injury from throwing the welly backwards through the legs was not a foreseeable real risk but a mere possibility that would not influence a reasonable person. The instructors conducted a dynamic risk assessment and reasonably concluded there was no risk of injury. The accident was a tragic but unforeseeable event, and no breach of duty was established.

Court Disposition

Claim dismissed; judgment for the defendant