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John Howells		#1 Posted : 04 August 2013 10:56:55(UTC)
Rank: New forum user		Good morning, does anybody have any legislation references regarding spectator safety at cricket venues? I'm researching an incident where a member of the public was struck in the head by a cricket ball. The person in question was not on the cricket grounds but on a path adjacent to the playing field. Regards John Howells
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JJ Prendergast		#2 Posted : 04 August 2013 13:56:35(UTC)
Rank: Super forum user		Why do you need legislation? A member of the public won't have been hit with criminal intent. A ball being hit out of the ground is a normal risk of the game. This a public liability issues and covered by the club public liability insurance policy. If you really want legislation then HASAWA section 4. I can't see your local council EHO department being too interested.
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Steve Granger		#3 Posted : 04 August 2013 18:37:11(UTC)
Rank: Super forum user		Google Bolton v Stone... Legislation can also apply in a civil context (OLA 57 and 84 if I remember my Diploma law teachers guidance...) All sorts of factors to consider to make a juicy case....
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JJ Prendergast		#4 Posted : 04 August 2013 19:41:26(UTC)
Rank: Super forum user		Original question was about a spectator, then goes on to say that the person hit by the ball was on an adjacent path to the cricket ground - so he/she wasn't a spectator?? Confused!!
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Tigers		#5 Posted : 05 August 2013 12:33:57(UTC)
Rank: Forum user		He would not have been in a work situation either, the clue is in the legisaltion " Health and Safety at Work".
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A Kurdziel		#6 Posted : 05 August 2013 13:29:15(UTC)
Rank: Super forum user		The case law is a civil case. see http://en.wikipedia.org/wiki/Bolton_v_Stone
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Mr Insurance		#7 Posted : 05 August 2013 13:32:47(UTC)
Rank: Forum user		Tigers, isn't it the Health and Safety at Work etc. Act 1974? Unless it was just kids playing on a park, I would expect any cricket club which owns its own ground and charges for membership/admission to be a place of business hence a workplace for the purposes of the HSWA. Section 3 relates to duties to non-employees, i.e. members of the public
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A Kurdziel		#8 Posted : 05 August 2013 13:37:08(UTC)
Rank: Super forum user		John Howells wrote: Good morning, does anybody have any legislation references regarding spectator safety at cricket venues? I'm researching an incident where a member of the public was struck in the head by a cricket ball. The person in question was not on the cricket grounds but on a path adjacent to the playing field. Regards John Howells Is this a new case or just researching old cases like Stone v Bolton?
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teh_boy		#9 Posted : 06 August 2013 09:54:09(UTC)
Rank: Super forum user		Isn't this strict liability? Does Rylands vs Fletcher apply? If only they'd use a tennis ball! One for the lawyers me thinks...
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teh_boy		#10 Posted : 06 August 2013 09:57:16(UTC)
Rank: Super forum user		Stone vs Bolton read - post post :) Doh - show's what I know about the law...
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John Howells		#11 Posted : 06 August 2013 12:19:59(UTC)
Rank: New forum user		Thanks all for your comments, the person I referred to was an elderly gentleman on his way to watch the game. I will look into the cases referenced and I'm sure that if the club should have had nets installed to prevent injury to members of the public. Thanks again for all your input.
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JJ Prendergast		#12 Posted : 06 August 2013 13:04:33(UTC)
Rank: Super forum user		There are no nets around the edge of the club I play at. It's not common practice. Have seen it done occassionally when a ground is next to a busy road etc, but even then doesn't stop some of the big hitters, getting the ball out of the ground.
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Canopener		#13 Posted : 06 August 2013 13:09:24(UTC)
Rank: Super forum user		mlongfellow wrote: Tigers, isn't it the Health and Safety at Work etc. Act 1974? Unless it was just kids playing on a park, I would expect any cricket club which owns its own ground and charges for membership/admission to be a place of business hence a workplace for the purposes of the HSWA. Section 3 relates to duties to non-employees, i.e. members of the public You're right it does, but that wouldn't that only apply if the cricket club were an employer? I would have thought that criminal intent has little (or nothing) to do with it and I think it highly unlikely that S4 would apply even if the cricket club were an employer. Overall I would have said OLA or CLDOC
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A Kurdziel		#14 Posted : 06 August 2013 13:23:31(UTC)
Rank: Super forum user		You're right it does, but that wouldn't that only apply if the cricket club were an employer? I would have thought that criminal intent has little (or nothing) to do with it and I think it highly unlikely that S4 would apply even if the cricket club were an employer. Overall I would have said OLA or CLDOC CLDOC? Who he?
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teh_boy		#15 Posted : 06 August 2013 13:26:50(UTC)
Rank: Super forum user		A Kurdziel wrote: CLDOC? Who he? Common Law Duty of Care
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A Kurdziel		#16 Posted : 06 August 2013 15:44:30(UTC)
Rank: Super forum user		teh_boy wrote: A Kurdziel wrote: CLDOC? Who he? Common Law Duty of Care Wow a new acronym to bamboozle managers with...now where's my Power Point?
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DaveDowan		#17 Posted : 06 August 2013 15:50:06(UTC)
Rank: Forum user		Thsi is old cas law but may help Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078 is a leading House of Lords case in the tort of negligence, establishing that a defendant is not negligent if the damage to the plaintiff was not a reasonably foreseeable consequence of his conduct. The plaintiff was hit by a cricket ball which had been hit out of the ground; the defendants were members of the club committee. regards Dave
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Canopener		#18 Posted : 06 August 2013 16:04:52(UTC)
Rank: Super forum user		Apologies, it wasn't meant to bamboozle - just in a hurry!
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teh_boy		#19 Posted : 06 August 2013 17:10:18(UTC)
Rank: Super forum user		having been hit with a cricket ball (hit by a former England player at a Somerset game) I must say the best control measure is do what I do... Avoid cricket :) I'd be happy with an outright ban - my knee is aching just thinking about it! I've also been hit with a golf ball at St Mellion, when they used to host some golfing competition thing - but I got away lightly - but best ban that whist we're at it - actually any game with hard balls.. Job done :) On a serious note: I do hope the injured party is OK - but nets are not going to stop all balls, and will need to be maintained and paid for - RP, I don't think so in most situations.
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