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. |
From inside the book
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... instructors and hiring boats from a water activities centre they are exempt. But if the Centre is providing the school with an adventurous package then it will be technically licensable. Again the AALA have moved in a sensible way, both ...
... instructors and hiring boats from a water activities centre they are exempt. But if the Centre is providing the school with an adventurous package then it will be technically licensable. Again the AALA have moved in a sensible way, both ...
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... instructor, Sheila Sunderland, died within 200 yards of a refuge hut which might have ensured their survival, having attempted to build a snow shelter. There were just two survivors, both suffering severe frostbite – Raymond Leslie ...
... instructor, Sheila Sunderland, died within 200 yards of a refuge hut which might have ensured their survival, having attempted to build a snow shelter. There were just two survivors, both suffering severe frostbite – Raymond Leslie ...
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... instructors in their own field'.14 The contrasts with Lyme Bay are that, by the time of this major school disaster 22 ... instructor at the St. Alban's Activity Centre in Lyme Regis, was what has come to be known as a 'whistleblower ...
... instructors in their own field'.14 The contrasts with Lyme Bay are that, by the time of this major school disaster 22 ... instructor at the St. Alban's Activity Centre in Lyme Regis, was what has come to be known as a 'whistleblower ...
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... instructor was not qualified and took a 'foolish' short cut down a 55 degree slope, and the camp owner was branded by the Ludlow magistrates as 'guilty of the most callous and reckless disregard' of his responsibilities when he refused ...
... instructor was not qualified and took a 'foolish' short cut down a 55 degree slope, and the camp owner was branded by the Ludlow magistrates as 'guilty of the most callous and reckless disregard' of his responsibilities when he refused ...
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Julian Fulbrook. BCU senior instructor would have embarked on such a trip, Mr Melling replied: 'Absolutely not'.28 In ... instructors; another witness, Surgeon Commander Edward Oakley, of the Institute of Naval Medicine, said the failure ...
Julian Fulbrook. BCU senior instructor would have embarked on such a trip, Mr Melling replied: 'Absolutely not'.28 In ... instructors; another witness, Surgeon Commander Edward Oakley, of the Institute of Naval Medicine, said the failure ...
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