The Court of Appeal held that the trial judge had erred in finding that the owners and operators of a caravan park were not liable for a football accident that occurred when a portable goal that should have been pegged to the ground collapsed. The judge had found that there was no evidence that the goal had not routinely been sufficiently secured so as to make it safe. However, the appeal judges held that once he had found that the accident was caused by a want of safety at the time, this was a known risk against which counter measures by way of inspection and appraisal were called for. On the evidence, he should have approached the case on the basis that the lack of pegs had existed at least throughout the day; the accident could thus have been prevented by a daily inspection regime.
This case is an illustration of the duty imposed on land owners offering sports facilities. Although sports clubs may have, on the face of it, satisfactory safety procedures in place it may be that on the evidence those procedures were not carried out to the required level. This case resulted in a successful personal injury damages claim for the injured party so if you are injured either at a local sports club or other organised facility (including a sports-related holiday claim) and you believe it may result from defective or incorrectly installed equipment you may be entitled to claim compensation for a sports injury.
For further information on holiday or sports-related injury claims contact Adam Carr on 01708-707871 or email adam.carr@ker.co.uk