IT is unusual for sporting events to give rise to workplace-based personal injury claims. A case heard recently at Swindon County Court demonstrates that there is a limit to what employers can legitimately be held liable for.

The case involved, bizarrely enough, a school-type sports day organised by the employer, Zurich Financial Services, in an attempt to boost morale.

The employee in question, 27-year-old VDU operator Sarah Cutler, had volunteered for the egg-and- spoon race and had won her heat, thereby entitling her to compete in the final.

Unfortunately, by the time of the final there had been a shower and Ms Cutler slipped and fell, apparently causing a neck injury.

She brought a claim for damages against Zurich, claiming that she was effectively at work and, therefore, in the workplace at the time the accident occurred.

On her behalf, it was argued that Zurich had, in requiring her to race on wet grass, failed to ensure her health and safety whilst at work.

Her lawyer told the court, grass is not an unsuitable surface for carrying out a race on, but wet grass is. There is a risk you will fall.

The court disagreed.

It concluded there was no evidence that Zurich had not acted with due care.

The grass, although wet, was not dangerous.

Ms Cutler had not been required to run, even if she had had to walk quickly.

What happened, the court decided, was purely an accident and no one was to blame.

Any employer minded to organise a sports day or other such event should, however, bear the risks in mind.

The result in this case may well have been different had the grass been dangerously wet or, in the case of other events, had there been any deficiencies in the equipment provided.

A failure to properly contain the risks could prove egg-stremely expensive.

* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 15/03/2005