Outdoor Activities, Negligence and the Law

Recent years have witnessed several tragedies during school and youth expeditions. This in turn has led to legislation and the tight regulation of Outdoor Activity Centres, with successive governments issuing guidelines for teachers and others supervising such activities. Inevitably there will always be risk in relation to adventurous pursuits in the outdoors, but the law in this area seeks a balance between the educational benefits gained and the need to safeguard against potential hazards. Mythologies have arisen, including the suggestion that a 'blame culture' is so overwhelming that no youth worker or teacher can sensibly engage anymore in such activities. This succinct guide to the legal position refers to a wide range of outdoor activities and recent legal cases. It demolishes some of the myths, pointing out common pitfalls noted in the research and in the litigation, together with an outline of robust safety features to combat potential hazards.

Contents: Introduction. Providers and Participants: Lyme Bay, the legislation and licensing; Learning the lessons: schools; Learning the lessons: the voluntary sector. The Legal Principles: The all-important duty of care; The breach of standards of care; Defences. Practical Applications: Risk and the outdoors; Planning and people; Facilities, equipment and clothing; Conclusion; Table of cases; Select bibliography; Index.

Julian Fulbrook is a Barrister and the Dean of Graduate Studies at the London School of Economics and Political Science, UK.