Sports and leisure injury claims: assumption of risk, consent, negligence and occupiers’ duties in England and Wales—principles, contributory negligence and key case law with examples

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Many sporting and leisure pursuits involve an inherent possibility of harm to those taking part. Taking part in an extreme pastime can be tempting and exhilarating, yet even everyday and seemingly safer activities and sports such as cycling, swimming, and football still present some chance of injury to participants. Determining liability will involve assessing several elements, including negligence, assumption of risk, and the intrinsic dangers linked to the sport or leisure activity in question. Where adults, fully cognisant of the hazards, are injured while undertaking the hazardous activity, the issue arises as to whether the organiser of the event owes a duty of care to the person who is hurt.

Basic principles

The fundamental rules for advancing a personal injury claim apply equally to accidents arising from sport and leisure activities:

the defendant must owe the claimant a duty of care
the defendant must have breached that duty, and
the claimant must have sustained loss or injury that is causally linked to the breach

Contributory negligence frequently becomes a significant point in sport and leisure accident claims. A defence of consent may likewise be pertinent. This defence applies where the participant agrees to the risk of injury by, for example,...

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Web page updated on 27/05/2026

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