||All England Reporter
|| All ER (D) 364 (Feb)
|| EWHC 197 (QB)
||Queen's Bench Division
||David Westcott (instructed by Stewarts) for the claimant.
||Jonathan Harvey (instructed by Kennedys) for the defendant.
||26 February 2003
Negligence - Duty of care - Duty to attempt rescue - Climbing centre - Duty to person using facility - Principles to be applied
Applying the principle that in deciding whether the person who had assumed a duty to attempt a rescue was guilty of negligence it was necessary to judge the matter in the light of the situation as it appeared to that person and not with the benefit of hindsight, the defendant had not been guilty of negligence in failing to attempt a rescue of the claimant who was using its climbing facility.
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