Hall v. Brooklands Auto Racing Club

Facts

• The plaintiff attended a motor race as a paying spectator
• During the race, two cars collided, and one was thrown into the crowd, injuring the plaintiff
• The plaintiff sued the racing club for negligence
• The event had been conducted according to the ordinary, proper standards for such races

Issue

1. Whether a spectator injured by an accident inherent to a sporting event's ordinary risks can recover, or whether attendance itself constitutes consent to this risk.

Held

• A spectator attending an inherently risky sporting event consents to the ordinary, inherent risks that sport carries
• This includes the risk of an accident of the general kind that occurred, provided the event was conducted in the ordinary and proper manner
• The volenti defence applied; the claim was barred

Ratio Decidendi

Volenti non fit injuria bars a claim where the plaintiff has voluntarily and knowingly accepted the risk of the type of harm that materialised, including the ordinary, inherent risks of attending a properly conducted sporting event. This does not extend to risks arising from conduct exceeding the sport's ordinary, proper conduct.