Source: Young v. Plymouth City Council (26.02.10) Exeter Crown Court, (unreported), Zurich case
The claimant injured her foot while out walking her dogs when she trod on a 12-inch wooden marker, which had been placed in Central Park, Plymouth. She bought a claim against the council alleging a failure under the Occupiers Liability Act 1957.
Mrs Young alleged that the Council owed her a duty because the area was not reasonably safe for visitors because the marker was partially concealed by the grass, and therefore its hidden nature constituted a trap.
By contrast, the Council argued that the claimant, knowing of the marker (she admitted at Court that she was probably aware of the marker at the time of the accident, and on previous visits to the park) should have taken greater care for her own safety.
The judge agreed and dismissed the claim, arguing that the marker did not present a danger to visitors and given that the marker was an obvious danger, no warning signs were necessary. This is a relief, otherwise the council would have had to have placed a marker warning of the second marker!!!
Kris is an Associate Professor of Sport Law, and Co-Director of the Centre for International Sports Law (CISL) at Staffordshire University, UK. He originally trained and competed as an elite gymnast until a shoulder injury at university forced him to retire as an active competitor. He now spends his spare time coaching Trampolining, Gymnastics, DMT, Cheerleading, Parkour and anything that involves throwing yourself through the air with various degrees of twist and rotation!
Jon is an Associate Professor, and Co-Director of the Centre for International Sports Law (CISL) at Thompson Rivers University, British Columbia. Jon worked as a climbing guide, trained and coordinated search and rescue, managed risk and sales in the United States with a European-based manufacturer of outdoor equipment and advised recreation programmes on their exposure to legal risk. His extra-curricular background is just as diverse and includes stints playing semi-pro volleyball in Brazil, researching wolves in the Canadian Rockies, climbing and leading expeditions from Alaska to Argentina, Tajikistan to the Tetons, and many points in between. He has been married to Wendy for 15 years and together they have 2 wonderful kids – Tegan (10) and Brock (8) – whom he continues to emotionally scar as their football coach!
The Sports Law Canary 
June 27, 2010
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