Cathrine Grubb reports on when fun & games become a breach of duty
In the area of sports and recreation it has already been established that participants owe a duty of care to other participants and spectators. The legal duty owed to fellow participants is to exercise “all care that is objectively reasonable in the prevailing circumstances for the avoidance of infliction of injury on other contestants”: Caldwell v Maguire [2001] EWCA Civ 1054, [2001] All ER (D) 363 (Jun). The prevailing circumstances include the object of the contest, the demands made on its contestants, its inherent dangers, its rules, conventions and customs, and the standards of skill and judgment reasonably to be expected of the contestant. As was noted in the case of Caldwell, given the fast-paced nature of most competitive sports, a momentary lapse of skill or error of judgment made when subject to the stresses of competition is not enough to give rise to a breach of duty. In practice, the claimant is likely to have to show that the conduct of which s/he complains amounts to a “reckless disregard for
