White v Blackmore [1972] 2 QB 651

Court of Appeal

Basic Facts: X, a race spectator, was killed when safety ropes were dislodged during a race. His widow sued for negligence.

Issue: To what extent do warnings limit liability?

Held: Mrs White’s claim was unsuccessful. The defence of volenti non fit injuria did not apply because Mr White could not be said to have had full knowledge of the extent of the risk of harm.

• Lord Denning MR:

• Organizers are liable for injuries caused by their negligence, despite warnings.

• Exemption clauses within programs not adequately brought to the claimant’s attention were ineffective.