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 [See "Wooldridge v. Sumner" [1963] 2 QB 23 ] to cases where other participants had been injured.

Facts

The facts of this case took place during a motorcycle and side car combination race. The plaintiff was the passenger in the side car, who was injured as a result of the failure of the motorcycle's brakes and the defendant missing the gear when he attempted to slow down. The passenger sued the driver and his employers in negligence.

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".

ee also

* Negligence
* English tort law
* Duty of care
* Breach of duty in English law
* "Wooldridge v. Sumner"