It's a Knockout Disappointment for Injured Claimant

The recent case of an RAF service man who sustained catastrophic injury whilst taking part in an RAF fun day raises the issue of when a person can claim for injury having voluntarily taken part in such competitive and/or sporting activities.

Tragically the young RAF serviceman sustained three fractures to his cervical spine rendering him wheelchair-bound after diving head first into a shallow pool in an ‘It’s a Knockout’ type event.

The High Court has now considered this claim and decided that the organisers of the event were not liable for the terrible injuries sustained. The High Court found that if the event organisers had stopped the Claimant from diving head first into the pool, as other people had previously done, they would have reduced the enjoyment of the activity.

This decision follows in the wake of the Compensation Act 2006. This act was implemented after the Government became concerned by a media fuelled perception that there was an increasing compensation culture with an associated increasing fear of being sued which prevented beneficial activities such as school trips, and other voluntary and public service activities. Claimant Personal Injury lawyers have always refuted that such a culture exists, and indeed a Government task force also confirmed this, and recommended that the media ensure more responsible reporting of Personal Injury claims.

The Compensation Act 2006 now makes it clear that when considering claims stemming from such activities a court should consider whether taking precautionary steps may prevent an activity which is desirable from taking place. Essentially a balance had to be struck between the level of risk involved and the benefits the activity provided to the participants.

Every case will be assessed on its own merits. It is therefore essential that you obtain qualified legal advice if you have been injured whilst taking part in such a sporting or leisure activity. Accordingly if you or a member of your family has been injured, call our specialist injury solicitors on 0800 0384 384 during business hours and a specialist lawyer can review your compensation claim for free whilst you are on the phone.