Is there a risk inherent in the sport that the participants of the sport may breach any duty of care?
British Columbia, Canada
The following excerpt is from Pawlak v. Doucette, 1984 CanLII 514 (BC SC):
However, it is not a risk inherent in the sport that the conduct of the participants in the sport may breach any duty of care which does exist within the confines of the sport. The dicta of Taylor J. in the case of Rootes v. Shelton noted at p. 38: “But the fact, merely, that he participates can in no way lead to the conclusion, either, that other participants have no duty of care towards him, or, that he has voluntarily assumed the risk that they will act in such a way as to constitute a breach of the duty which, in the circumstances, they owe towards him.”
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