''Wooldridge v Sumner''

963 Year 963 (Roman numerals, CMLXIII) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 15 – Emperor Romanos II dies at age 25, probably o ...

2 QB 43 is an English

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

judgment dealing with the liability in

negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...

of participants in sporting competitions towards spectators. The Court of Appeal held in this case that sportsmen would only be liable to spectators if they showed "reckless disregard" for their safety.

Facts

The plaintiff, Mr Wooldridge, who was a photographer at a horse race, was injured by the horse belonging to the defendant, Sumner, which was ridden in a competition by Ron Holladay, who was a skilled and experienced horseman.

Judgment

The Court of Appeal held that Sumner owed no

duty of care In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be establis ...

to Wooldridge in this case. As a spectator, Wooldridge accepted the risks involved in a horserace he came to watch. As a reasonable participant in the race, which is a fast and competitive sport, the horseman was expected to concentrate on the race and not on the spectator. In the course of a fast moving competition such as this one, he could be expected to make errors of judgment. As long as the damage was not caused recklessly or deliberately, the participant in a race could not be held liable for the spectators injuries because he was not negligent, i.e. not in breach of his duty.

Facts

Judgment

See also