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24 February 2011 / Matthew Snarr
Issue: 7454 / Categories: Features , Personal injury
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Lights out for excitement?

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Lights out for excitement? Matthew Snarr reports on the risks of having fun

Where does the proper balance lie between the competing interests of a risk of injury, the likely severity of injury, the social value of an activity and the cost of prevention?

In The Scout Association v Mark Barnes [2010] EWCA Civ 1476, [2010] All ER (D) 284 (Dec) the Court of Appeal considered where the judicial balance ought to lie between protecting the interests of injured parties by negligent conduct as against the social value of an activity which may give rise to a risk of injury. In a majority decision, the Court of Appeal considered how the courts should determine the standard of care of persons responsible for controlling a socially desirable activity which may gives rise to a risk of injury.

The factual background

The claimant was a 13-year-old boy scout at the time of the accident in 2001. He had been playing a game called “Objects in the Dark”. Ten blocks were placed on the floor

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