Recreational & Sporting Accidents
A claim in negligence against organisations or associations arising from injuries sustained in the course of sporting or recreational events has been significantly restricted by the civil liability legislation. No liability will arise where injury results from the materialisation of an ‘obvious risk’ in the course of a ‘dangerous recreational activity’ such as falling from a horse during an organised horse riding event.
No duty of care will arise in relation to a risk of injury of a recreational activity that is the subject of a written or oral warning provided by the association. Nevertheless, liability will still arise in some circumstances such as against personal trainers for injuries sustained in the course of training sessions. Fitness clubs will generally seek to avoid liability for injuries sustained in these circumstances by relying on written risk warnings as well as contractual waivers of liability in membership terms.
In many organised sporting events however, even if a claim might not be available in negligence, you might find that there is a specific sporting injury insurance policy available to cover some losses suffered by an injured participant.