Description
Liability for Climber falling from Wall:Held that an activity centre had failed to comply with the Management of Health and Safety at Work Regulations 1999 by not warning a participant as to the latent danger of falling off a climbing wall onto safety matting provided. Although the defence of volenti was rejected, the claimant was held to have been 75% contributory negligent. He was described as “foolhardy” because he carried out a dangerous manoeuvre that was beyond his capabilities; his decision to attempt that manoeuvre was the immediate case of his injuries.