There was a successful conclusion to an incident in a school lesson involving class management of the use of trampolines. From several overlapping and at times contradictory layers of rules and regulations and advisory documents the court was given a logical and common sense evaluation of the merits of the claim and the responsibilities in the Duty of Care and its delivery by the Local Authority. Settlement was achieved.
The use of facilities outside of contractual obligations raises many questions of liability. In this case a well known Theatre was challenged concerning its responsibilities to the safety of performers during rehearsals on their premises prior to the formal start of the show contract. A satisfactory conclusion was reached prior to trial which was gratefully accepted by both parties.
The levels of personal responsibilities and expectations during “free time” or “party” or “team building” specialist sports and activities at times taxes all logic. When does free time become a free for all? In this case both Claimant and Defendant held strong positions and arguments. The Court was wisely and correctly advised to be able to pick its way through uncharted responsibilities. A pre trial agreement was reached.
The most obvious particular of claim is not always the one that wins the day. In a high profile case of permanent disablement a 16 year old won significant damages not through his prime assertion of liability but from a seemingly minor issue in his statement which explored by this Expert Witness exposed to the court a major failing of Duty of Care. The value of an Expert with extensive cross sport knowledge and a holistic approach to researching a case brought about a successful claim and a major change of advice from a National Governing body to its members.