Brent McDonald discusses recent cases involving negligence and statutory duty
In Poppleton v Trustees of the Portsmouth Youth Activities Committee [2008] EWCA Civ 646, [2008] All ER (D) 150 (Jun) the Court of Appeal was asked to consider a case where the claimant, Mr Poppleton, had suffered an injury at the defendant's activity centre.
Poppleton attended an activity centre on 12 February 2002 with a group of friends to engage in an activity known as “bouldering”. Bouldering is a low level simulated rock climbing activity.
The claimant was a relatively inexperienced climber although he had used this particular bouldering wall three or four times before. The defendant did not show him any rules or ask him to sign a disclaimer notice, nor did it give him any instruction as to the risks of this activity. It made no enquiries as to his ability as a climber. The experts agreed that the rules prohibiting jumping off the walls and climbing on top of the structure should have been more prominently displayed.
Having seen a friend leap from one of the walls, grab hold of a
