Blake v Galloway [2004] EWCA Civ 814
Judgement for the case Blake v Galloway
Table Of Contents
Plaintiff and Defendant were engaged in horseplay and throwing twigs at each other. Defendant threw a twig that struck Plaintiff in the eye, injuring him badly.
CA said that participants in horseplay owed each other a duty to take reasonable care not to injure each other and this duty would only be breached in cases of recklessness or a very high degree of carelessness.
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This was not the case here, which was merely a mistake/error of judgement.
In taking part in such a “game” or “sport” that involved the risk of physical contact, Defendant would be taken to consent to the risk of injury arising from such contacts as were to be reasonably expected in the course of the game.
The stick was not thrown with intent to injure or foresight of such an injury being possible. Therefore Defendant consented to the risk of injury from such an action.
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