Outdoor Activities, Negligence and the LawRecent years have witnessed several tragedies during school and youth expeditions. This in turn has led to legislation and the tight regulation of Outdoor Activity Centres, with successive governments issuing guidelines for teachers and others supervising such activities. Inevitably there will always be risk in relation to adventurous pursuits in the outdoors, but the law in this area seeks a balance between the educational benefits gained and the need to safeguard against potential hazards. Mythologies have arisen, including the suggestion that a 'blame culture' is so overwhelming that no youth worker or teacher can sensibly engage anymore in such activities. This succinct guide to the legal position refers to a wide range of outdoor activities and recent legal cases. It demolishes some of the myths, pointing out common pitfalls noted in the research and in the litigation, together with an outline of robust safety features to combat potential hazards. |
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Contents
Schools | |
the Voluntary Sector | |
THE LEGAL PRINCIPLES | |
The Allimportant Duty of Care | |
The Breach of Standards of Care | |
Defences | |
PROVIDERS AND PARTICIPANTS | |
Risk and the Outdoors | |
Planning and People | |
Facilities Equipment and Clothing | |
Conclusion | |
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Common terms and phrases
AALA abseiling accident activity centres adventurous activities aged April Army breach Britain British Cadets canoeing caused cave cent circumstances claim climbing coach compensation culture Congleton Borough contributory negligence coroner Council County Court of Appeal Daily Mail Daily Mirror dangerous death defendants died diving drowning duty duty of care Education example expedition factor fatalities February Glasgow Herald Guardian hazards Health and Safety hillwalking House of Lords hypothermia indicated injury inquest instructor involved issues judge July jury kayaking killed liability licensing litigation Lord Denning Lyme Bay manslaughter March Marcus Bailie minibus mountain NASUWT November October outdoor activities parents participants particularly pool prevent prosecution pupils reckless regulations rescue risk assessment river road rugby school trips Scout Association skiing standard suggested supervision swimming teacher teenagers Tomlinson tort tragedy trespasser verdict vicarious liability volenti voluntary organizations volunteers warning Western Mail young