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Wilson v GP Haden [2013]

Facts

  • The claimant was injured in descending a vertical pole at an activity centre
  • A risk assessment had recommended that such a descent be demonstrated by an instructor, which did not occur

Issue

  • Could the defendants be held liable?

Decision

  • Yes

Reasoning

  • Although not following a risk assessment is not a direct breach of duty, in the circumstances, the descent should have been demonstrated
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