Following a successful appeal by the claimant, in Uren and (1) Corporate Leisure (UK) Limited and (2) Ministry of Defence  EWHC 353
(QB) Foskett J was directed to consider 2 questions by the CA in a case involving a claimant who had been rendered tetraplegic when he dived headfirst into an inflatable swimming pool on an RAF fun day out: (1) the degree of risk of serious injury entailed in the game as played on the day of the claimant’s accident; and (2) whether that degree was acceptable in the light of the social value of the game. The game involved running up to the pool, getting in over the side, grabbing a piece of plastic fruit, carrying it out of the pool and depositing it in a bucket, all against the clock. The “drop” on entering the pool was 1 metre. C was aware of the depth of the water and had already been in the pool that day.
In finding for the claimant, Foskett J emphasised:
Provided such games are fully and carefully risk assessed, it will be a rare case in which a claim for injury sustained will succeed if a proportionate and sensible response is taken to any real risk identified, including the giving of appropriate warnings.
/ 1st Mar 2013
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