Assumption of risk in sports and leisure claims

Produced in partnership with Ian Huckstepp of IRH Solicitors
Practice notes

Assumption of risk in sports and leisure claims

Produced in partnership with Ian Huckstepp of IRH Solicitors

Practice notes
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Many sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport or leisure activity can make it alluring and exciting but even common and less dangerous activities and sports such as cycling, swimming, playing football carry some risk of injury.

The assumption of risk doctrine provides that a participant provides their consent to take part in an activity once they are fully aware of the risks involved. They voluntarily assume and acknowledge the risks along with the possibility of harm.

The basic principles for pursuing a personal injury claim apply equally to sports and leisure accident claims. The defendant must:

  1. •

    owe the claimant a duty of care

  2. •

    the defendant must be in breach of that duty, and

  3. •

    the claimant must suffer a loss or injury which is causally connected with the breach

Often in sports and leisure accident claims contributory negligence can be a significant issue.

The Compensation Act 2006 (CA 2006) does not alter the standard of care or the circumstances

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Jurisdiction(s):
United Kingdom

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