Sports Risks: Duty of Care: Back to Basics - Dr Julian Morris, Parabis Law LLP
14/10/15. It is quite usual to reach for a guide book when heading off to foreign climes or setting out for a country walk but to what extent can a reader hold a guide’s producers legally responsible if something goes wrong while following their directions or advice? This point was tested recently following a sad death of an experienced canoeist.
Mr Wall, a canoe club member and grade 1 coach, was paddling with his daughter on a January day in 2012 on the River Teme. Weather and water conditions at the start of the trip were calm. Part of the journey required navigating Bridgewood weir – a horseshoe weir with its apex upstream and the ends abutting a bridge. Sadly, Mr Wall died while negotiating this section of the river.
As part of his membership of the British Canoe Union (BCU), Mr Wall had access to documents, magazines etc they published. In 2003 the BCU had published a book entitled “English white water – the BCU guidebook” (“the Guide”). It specifically referred to the stretch of water being navigated that morning by Mr Wall and his daughter. Mr Wall’s Estate sought to rely on the Guide as a copy was found in the car which stated “…horseshoe weir which is taken river right”. The Estate also drew attention to two further publications (1995) – the West Midland’s River Guide and Places to Paddle – both of which stated the weir should not be shot under any circumstances because it had a large mushroom stopper which had caused fatalities in the past. In essence, the earlier guides advised portering canoes to avoid the obstacle altogether...
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