[2009] EWCA Civ 1261

The claimant suffered serious injuries whilst she was on holiday in Austria. Having completed a toboggan run she remounted her toboggan and it subsequently careered into frozen straw bales. The participants of this activity had been briefed prior to the toboggan run and had been told than on completing their run they should get off their toboggan and walk down to the toboggan shed. They were told not to remount the toboggan.

At fi rst instance the claimant’s claim failed on the basis that she had failed to adhere to the safety briefi ng given by the tour representatives.

The claimant appealed. The Court of Appeal found that, on the facts, the defendant had discharged their duty of care owed to the claimant. Whilst a specifi c Risk Assessment had not been prepared for the end of the run it was impossible to think that, if there had been, any conclusion drawn would have been different to what in fact occurred (ie, participants to be warned not to remount their toboggan). Other preventative measures were not feasible.

In these circumstances the claimant’s Appeal was dismissed.