Simms v Leigh RFC [1969] 2 All ER 923

  • by Lawprof Team

    • Key point

    • Participation in sport may entail the willing acceptance of risk under s2(5) Occupiers’ Liability Act 1957

    Facts

    • D was the football club occupying the football ground
    • C was a member of a visiting team
    • C was tackled into a concrete wall alongside the touchline, breaking his leg

    Issue

    • Did D breach its common duty of care towards C for the presence of the wall

    Held

    • Under s2(5) OLA 1957, liability is absolved since C must be taken to have willingly accepted the risk of playing on the field
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