Harrison v Vincent

Harrison v. Vincent [1982] RTR 8 is an English Court of Appeal judgment dealing with the liability negligence of participants in sporting competitions towards other participants. It is notable in that it extended the test of "reckless disregard" for the other's safety which was earlier applied to establish a breach of duty in cases of injury to spectators[1] to cases where other participants had been injured.

Judgment

The defendant had the duty to check the brakes before the race. Unlike his failure to hit the gear during the race, the checking of the gears had to take place in calm circumstances, not "in the flurry and excitement" of the race. For acts done in the excitement of the competition, the participant will only be liable to others if she demonstrates reckless disregard for their safety or acts maliciously. However, the standard applicable to the preparation of equipment for the sport is the normal standard to exercise reasonable care and skill, since that takes place in the "relative calm of the workshop".

See also

  1. ↑ See Wooldridge v. Sumner [1963] 2 QB 23