Despite it sounding like something from a Carry-On Film (and I do have a sense of humour) I have broken my wrist, lost a front tooth, smashed up my bike and now have a claim against me for the trashed parked car. Is it possible to bring a claim?
Answer
To use a bad pun, you may not be ‘stumped’ in this situation (I hope that tickles your sense of humour). Potentially you can bring a claim against the local sports club if you can prove it failed to take reasonable care in the circumstances.
This would likely include the location of the playing field in relation to the road, the amount of vehicles using the road, the nature of the game(s) being played, how often games were played and what steps had been taken to protect people: i.e. a big fence.
If you can prove that a reasonable man would come to the conclusion that the risk of damage to people using the roads was not too small, your claim should be successful.
Andrew Prendergast
