The edge of reason

A landmark case involving a serious injury suffered during a climbing activity signals a move by the judiciary to encourage personal responsibility. Roddy Macleod gives a run-down of the case that could change the way duty of care is perceived in future

Earlier this month the Court of Appeal handed down its decision in a landmark case that illustrates a change in attitude towards those who injure themselves while taking part in risky or dangerous activities.

Those injured while undertaking dangerous activities often understandably look for someone to blame. However, doing that now may not be so easy, especially where there has been an obvious risk of injury and the element of free will.

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 'Yo! Sushi' Leader, Lord Digby Jones, Head Teachers and Industry team up to challenge 'over-safety' culture. The Times, 10.07.08

Simon Woodroffe, founder of Yo! Sushi and a judge on the BBC show Dragons' Den, has told The Times that children must be exposed to more danger to help them to cope with the daily risk-taking required in the modern business world.

He said that he was in despair when he heard that schools were no longer taking pupils canoeing or camping in case they injured themselves.

“My greatest fear is our children will grow up expecting to be looked after their whole lives, and expect corporate reasonableness for their entire working life. There would be no way we could compete with India and China with that attitude. Businesses there are doing everything they can to succeed,” he said. “We need to encourage children to push themselves, to go beyond their limits, in order to build a nation of bold and confident people.”

Link to full Time article http://business.timesonline.co.uk/tol/business/entrepreneur/article4305515.ece