The court also noted the observation of Scrutton L.J. in Hall v. Brooklands Auto Racing Club, [1933] 1 K.B. 205, at 214, speaking of a spectator at an event, that “[w]hat is reasonable care would depend on the perils which might be reasonably expected to occur, and the extent to which the ordinary spectator might be expected to appreciate and take the risk of such perils” (cited in Fink at para 14). This points to a recognition that reasonable care, in the context of a sporting event, must be assessed in the context of the risks associated in participating in or watching the event. The plaintiff, his wife and his sister all testified that they had fallen while skiing. Does this fact alone mean they were negligent? Obviously not. If as a result of falling they collided with another skier, does this necessarily place them in breach of their duty of reasonable care for other skiers or persons? Similarly, obviously not.
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