Catherine Foster represents a Claimant injured in a climbing wall accident
A company that operated an indoor rock-climbing centre was held liable for injuries sustained by the Claimant who jumped down from a bouldering wall and injured her ankle as she had had not been given appropriate instructions on how to descend the wall. The Judge considered a number of issues including the nature and scope of the Defendant’s duty to the Claimant, an allegation of ‘volenti non fit injuria’ and contributory negligence. He concluded that the Defendant had assumed responsibility for the Claimant’s safety whilst climbing and should therefore have provided her with an appropriate level of supervision and instruction, that she had not consented to the risks that caused her to become injured and that she should be held to have contributed to her accident to the extent of 33%.
Pinchbeck v Craggy Island Limited (2012)
A full report is available on Lawtel QBD (Judge Curran KC) 15/03/2012 References LTL 15/03/12 extempore AC 9401110