Description
The Claimant suffered head injuries in the course of a motorcycle-and-sidecar race. His motorcycle-and-sidecar crashed through a barrier and into an ambulance. He brought an action against the Defendants as the leasehold owner, occupier and operator of the track at which the accident occurred.
The court held that the Defendant was primarily liable for the Claimant's injuries on the grounds that the barrier at the edge of the circuit was insufficient to prevent the Claimant's vehicle from colliding with the ambulance. A reduction of 10% in damages was made to reflect the Claimant's contributory negligence in that he had not tightened his seat sufficiently before the race.
