Court refuses any damages in 'obvious risk' case

Gary Poppleton, 32, was found 75% to blame by the High Court last year for the accident in February 2002, which left him needing care for the rest of his life.

However, this week three judges allowed an appeal by the Peter Ashley Activity Centre in Portsmouth, which stripped the victim of his 25% of damages. They also dismissed a cross appeal by the victim that he was entitled to more.

Lord Justice May, giving the ruling, said victims of accidents where the risk was "plainly obvious" may find they have no grounds to receive damages.

"There being inherent and obvious risks in the activity which Mr Poppleton was voluntarily undertaking, the law did not in my view require the appellants to prevent him from undertaking it, nor to train him or supervise him while he did it, or see that others did so.

"If the law required training or supervision in this case, it would equally be required for a multitude of other commonplace leisure activities which nevertheless carry with them a degree of obvious inherent risk - as for instance bathing in the sea."

Breach of duty?

Mr Poppleton and some friends were "bouldering" - low-level free climbing without ropes - when he fell from a height of about 1.45 metres while he attempted to swing or jump across to a grab bar on an adjacent wall.

He alleged a failure to assess or monitor ability, no proper induction, inadequate surveillance or supervision and failure to actively explain rules and warnings.

Judge Richard Foster, sitting at the High Court in London last year, had ruled there was a breach of duty of care in not informing Mr Poppleton of the latent danger of the shock absorbent matting not providing complete safety from falling. At the same time he said Mr Poppleton was "foolhardy" and 75% to blame.

Appeal court judge Lord Justice May, overturning the decision, said the risk of falling from the wall was plainly obvious.

"The risk of probably severe injury from an awkward fall was obvious and did not sustain a duty in the appellants to warn Mr Poppleton of it," he said.

Portsmouth Youth Activities Committee's trustees - a charity which operates the activity centre - denied liability.