Portsmouth Youth Activities Committee v Poppleton [2008] EWCA Civ 646

Key point

  • The risk of injury is regarded as obvious and inherent in dangerous sports

Facts

  • C was injured while bouldering (climbing without ropes) at D’s activity centre
  • The judge held that D had 25% responsibility for not warning that the foam did not remove all risk and might give a false sense of security
  • D appealed

Held (Court of Appeal)

  • Appeal allowed; D was not guilty of contributory negligence

May LJ

  • C voluntarily undertook an activity with inherent and obvious risks of injury, despite the presence of the foam
  • The law does not require D to prevent, train or supervise C, otherwise it would equally be required for other commonplace leisure activities with inherent risk such as bathing at sea