A Timely Reminder Of The Duty Of Care Owed To Visitors To Sports Grounds: Lewis v Wandsworth Council

As recreational sport returns to local parks and commons, a recent High Court ruling in Lewis v Wandsworth London Borough Council[1] has served as a useful reminder to occupiers of their duty of care owed to visitors. In this case, a passer-by was hit and injured by a cricket ball while she was walking in the park. She claimed damages for her injury, arguing that the council should have put up signage in the park warning about the dangers of the cricket match.

The case considers, amongst other things, the tests of reasonableness and remoteness under the Occupiers Liability Act 1957 (OLA 1957), which regulates the duties that an occupier of premises owes to its visitors in respect of dangers.  It is also notable for revisiting points to be distilled from the seminal House of Lords decision in Bolton v Stone.[2]   This article examines the first instance and the Hight Court Appeal decision and draws outs the key principles for sports organisations to bear in mind when organising matches.