Who is liable?


Once again, I am writing to express concern, and question the truth of the matter regarding the singular goalpost on the Middle Salt adjacent to the busy footpath.

Erected by Rother District Council against the wishes of Rye Town Council, it should have been placed on the football and cricket Salts on the other side of the A259. Just this week, a lady was hit by a stray football as she walked past. In the case of any injury, just who is liable?

One town councillor has said to me “It’s not our problem”, but will Rother step up and accept liability? They have, after all, created this problem, displaying total contempt for our town council’s wishes.

Image Credits: Chris Lawson .

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  1. The question of liability for hypothetical incidents cannot be definitely answered. Depending on the circumstances it might be the player who kicked the ball, if it can be shown that he/she has been negligent. I am not aware of any rule in law that makes a participant in a game strictly liable for injury caused. It might be argued that a spectator assents to the risk of injury, but that cannot be the case if it involves a passer-by.

    I expect there is more to it than that, but I doubt that there is any clear-cut answer.


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