Court case[1963] 2 QB 43

The plaintiff, a photographer, was at a horse show at the White City stadium in London, standing inside the arena near the edge of the course to take photographs. A horse owned by the defendant, ridden by a skilled rider in a competition, was taken round a bend at speed; it went out of control, plunged off the course through a line of shrubs and struck the plaintiff, injuring him. The plaintiff, who did not know much about horses, sued the owner, alleging that the rider had been negligent in riding too fast round the bend.

The Court of Appeal held that the rider had not been negligent and the defendant was not liable. A competitor in a game or competition owes spectators a duty of care, but the standard is adapted to the circumstances: a reasonable spectator expects a competitor to concentrate on winning and accepts that in the agony of the moment he may make an error of judgment. A competitor is liable only if his conduct is such as to show a reckless disregard of the spectator's safety. The rider's error at the bend was at most an error of judgment. Diplock LJ explained that the case did not really turn on volenti, since the plaintiff had not agreed to waive a claim for negligence; rather, the rider was not in breach of the duty owed.