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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... skiing. As injuries relating to winter sports account for 40 per cent of all injury claims dealt with by a major travel insurance carrier such as American Express, such exclusions are an important consideration. Even policies targeted ...
... skiing. As injuries relating to winter sports account for 40 per cent of all injury claims dealt with by a major travel insurance carrier such as American Express, such exclusions are an important consideration. Even policies targeted ...
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... skiing, snowboarding. 27 Ballooning, flying, gliding, microlighting, parachuting, paragliding, parascending and bungee jumping. 28 A harness zorb strapped into a padded safety harness, and a hydro zorb where 'a few bucketfuls of water ...
... skiing, snowboarding. 27 Ballooning, flying, gliding, microlighting, parachuting, paragliding, parascending and bungee jumping. 28 A harness zorb strapped into a padded safety harness, and a hydro zorb where 'a few bucketfuls of water ...
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... skiing trips, which cannot have helped business.5 Eventually Mr Registrar Simmonds disqualified Mr Reynard from acting as a director, pursuant to section 6 of the Company Directors Disqualification Act 1986, for 10 years. Having heard ...
... skiing trips, which cannot have helped business.5 Eventually Mr Registrar Simmonds disqualified Mr Reynard from acting as a director, pursuant to section 6 of the Company Directors Disqualification Act 1986, for 10 years. Having heard ...
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... skiing is one of the activities considered hazardous enough to need a licence from the AALA if done in Britain, but the Authority of course has no jurisdiction abroad where the vast majority of school and voluntary organization skiing ...
... skiing is one of the activities considered hazardous enough to need a licence from the AALA if done in Britain, but the Authority of course has no jurisdiction abroad where the vast majority of school and voluntary organization skiing ...
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... skiing and related activities when done in moorland, or any terrain over 600m, which is remote, i.e. over 30 minutes travelling time which will be never more than 2.5km from the nearest road or refuge); and 4. Watersports (canoeing ...
... skiing and related activities when done in moorland, or any terrain over 600m, which is remote, i.e. over 30 minutes travelling time which will be never more than 2.5km from the nearest road or refuge); and 4. Watersports (canoeing ...
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