A fitness class operator who has crash mats available but does not require their use for elevated manoeuvres breaches the duty of care owed to participants, even where no prior falls have occurred. The absence of prior accidents is relevant but not conclusive on the question of risk. A plaintiff need not prove the precise precautionary measures required where common sense establishes that reasonably practicable fall protection was available and not mandated.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
6 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.