Page 22 - Misconduct a Reference for Race Officials

In the case of a personal injury to a child, the organiser would have a number of
lines of defence to an allegation of negligence. These are the same as those
applying to the case of an injured experienced adult, but in most instances will be
of less effect where a child or young person is involved. In particular, organisers
and individual trainers, race officers and other officials will normally be expected
to deliver a higher standard of care towards children than adults, the defences
which can be raised in a legal claim will be harder to prove, and any acceptance
of risk form signed for or on behalf of a child is unlikely to be effective in avoiding
liability.

However, much will depend on the age of the child in question and their level of
experience. The following general guidelines should assist in establishing the
right level of supervision and safety rules, although the age parameters used are
purely illustrative and it is important that other relevant factors such as an
individual child’s maturity and competence are taken into account.

Children below the age of 14 - Inexperienced
Where this age group is concerned, the standard of care is at its highest
particularly where the parents or guardians are not in immediate attendance (or
in the case where the parents or guardians are themselves inexperienced). A
high level of supervision may be appropriate, and particular care must be shown
in not exposing the child to danger. This would apply equally whether afloat,
ashore or at the water’s edge. Those supervising children will be expected to
show the same standard of care as would reasonably careful and knowledgeable
parents in the same circumstances.

Children below the age of 14 - Experienced
For this group the same principles as to supervision will apply, except that the
children may be expected to cope with more challenging weather conditions. Of
course a balance must be struck between over-protectiveness and permitting
children to take unnecessary risks. It is unlikely to be acceptable for an organiser
to claim that the child willingly accepted the risk.

Young people 14 - 18 - Inexperienced
The same principles will apply as for younger people while afloat, although a
lower level of supervision may be appropriate while ashore or at the water’s
edge.

20