Risk v College

Risk v College

The Defendant did not owe a duty of care to protect the Claimant from the risk he took, as the risk was obvious and freely chosen by a person of full age and capacity; no assumption of responsibility was established, and the accident was not reasonably foreseeable.

Parties
Claimant: Andrew Risk; Defendant: Rose Bruford College
Jurisdiction
England and Wales
Judgment Date
06 December 2013
Procedural Posture
Civil / Judgment on Liability
Outcome
Claim dismissed
Legal Topics
Occupiers' Liability, Duty of Care, Assumption of Responsibility, Risk Assessment, Personal Injury
Tort Law Occupiers' Liability Duty of Care Assumption of Responsibility Risk Assessment Personal Injury

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Parties

Andrew Risk

Claimant

Rose Bruford College

Defendant

Procedural Posture

Civil / Judgment on Liability

Legal Issues

  1. 1 Whether the Defendant owed a duty of care to protect the Claimant from the risk he took under the Occupiers’ Liability Act 1957 and at common law
  2. 2 Whether the Defendant assumed responsibility for the Claimant’s safety
  3. 3 Whether the accident was reasonably foreseeable

Ratio Decidendi

The Defendant did not owe a duty of care to protect the Claimant from the risk he took, as the risk was obvious and freely chosen by a person of full age and capacity; no assumption of responsibility was established, and the accident was not reasonably foreseeable.

Court Disposition

Claim dismissed

Orders

  • Judgment entered for the Defendant