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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... young people, who lose out on an array of experiences which could do much to enhance their education and develop their maturity. Mythologies have burgeoned, which appear to suggest that the legal process has a malign intent to undermine ...
... young people, who lose out on an array of experiences which could do much to enhance their education and develop their maturity. Mythologies have burgeoned, which appear to suggest that the legal process has a malign intent to undermine ...
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... young people, and to make life as difficult as possible for local education authorities and other providers. On the contrary, this book will demonstrate that an analysis of the legal cases shows some very straightforward principles in ...
... young people, and to make life as difficult as possible for local education authorities and other providers. On the contrary, this book will demonstrate that an analysis of the legal cases shows some very straightforward principles in ...
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... (Young Persons Safety) Act 1995, and to a raised awareness of safety issues for schools and activity organizations. But has the balance swung too far? Is there now an aversion to risk, and the threat of legal culpability, which has ...
... (Young Persons Safety) Act 1995, and to a raised awareness of safety issues for schools and activity organizations. But has the balance swung too far? Is there now an aversion to risk, and the threat of legal culpability, which has ...
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... young people who have so much to gain from them. A study in the Journal of the Royal Society of Medicine in 2000 concluded that 'Everything we do has an associated risk... the health risks of participating in a wellplanned expedition ...
... young people who have so much to gain from them. A study in the Journal of the Royal Society of Medicine in 2000 concluded that 'Everything we do has an associated risk... the health risks of participating in a wellplanned expedition ...
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... young person in the United Kingdom should have the chance to take part in adventurous outdoor activity. More recently, a very strong endorsement for the benefits of outdoor education came in a report from the Office for Standards in ...
... young person in the United Kingdom should have the chance to take part in adventurous outdoor activity. More recently, a very strong endorsement for the benefits of outdoor education came in a report from the Office for Standards in ...
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