The standard of care in sports negligence cases

Abstract

The claimant, a professional jockey, had suffered career-ending injuries caused by an accident in a race. The two defendants were jockeys involved in the accident. The incident which lead to the injuries involved four horses ridden by the claimant, the defendants and a fourth jockey, Byrne. The two defendants and Byrne were riding neck and neck, with Byrne taking the inside line. Caldwell was close behind in fourth place as they approached a left- handed bend. As they rounded the bend, the two defendants pulled ahead and in front of Byrne, leaving him no room to maintain his inside line. Byrne’s horse was unwilling to ride into the closing gap and veered outwards into Caldwell’s path, causing him to fall and seriously injuring him.