| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 121 (Mar) |
| Court: | Queen's Bench Division |
| Judge: | Judge Patrick Curran QC sitting as a judge of the High Court (judgment delivered extempore) |
| Representation | Catherine Foster (instructed by Coleman CTTS) for the claimant. |
| Simon King (instructed by Hazell & Co, Sawbridgeworth) for the defendant. | |
| Judgment Dates: | 15 March 2012 |
Catchwords
Negligence - Duty to take care - Assumption of duty - Claimant attending indoor climbing centre owned and run by defendant company - Claimant sustaining injury jumping down from climbing wall - Whether claimant being warned about jumping from climbing wall - Whether duty of care owed - Whether defendant in breach of duty - Whether volenti no fit injuria applicable - Whether claimant contributorily negligent.
The Case
Negligence Duty to take care. The Queen's Bench Division, in determining the issue of liability in the claimant's claim for personal injury, held that the defendant had been in breach of its duty of care to the claimant as it had not warned her against jumping down from a low climbing wall, but that the claimant had been 33% contributorily negligent.
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