Description
A Company Operating An Indoor Rock-Climbing Wall Was Liable For Injuries Sustained By A Climber Who Had Jumped Down Off The Wall
HHJ Curran QC (sitting as a Deputy High Court Judge) held that the defendant company that operated an indoor rock-climbing had breached its duty of care owed to the claimant climber who had jumped down from the climbing wall and injured her ankle. HHJ Curran QC held that the defendant had breached its duty of care in not providing the claimant with appropriate guidance on how to descend the wall. HHJ Curran QC further held that as the defendant had not taken taken all reasonable care for the claimant's safety, the maxim of volenti fit injuria had very limited, if any, application. However, it was held that the claimant was contributorily negligent in that she had jumped rather than climbed down. The claimant's contributory negligence was assessed at one-third.
