Tweddle suing makers of "The Jump" for neck injury (1 Viewer)

OffenhamSkyBlue · Jan 25, 2019

I see on the Beeb that former gymnast and now mum-to-be (yes, really!) Beth Tweddle is suing the makers of C4 programme "The Jump" for injuries sustained when she hit a barrier on landing back in 2016. They have failed to agree a settlement out of court, so she has issued proceedings against them.
I'll be interested to see the outcome of this, as I'm struggling to see how the defendant may have failed in their duty of care to her.
Note that this is not an entry in the "Not so obvious hot babes" thread.

chiefdave · Jan 25, 2019

She went on a show notorious for injuries taking part in sports that even for professional carry the risk of injury. Not sure how she's expecting to win in court.

Would assume she would have also had to sign a disclaimer before taking part.

OffenhamSkyBlue · Jan 25, 2019

Disclaimers rarely stand up in court these days Dave. It's down to the court to decide whether the claim passes the tests required to demonstrate negligence:-
1. Was the claimant owed a duty of care by the defendant?
2. Was that duty of care breached?
3. Did the breach of the duty of care result in the injury?
4. Was the incident "reasonably foreseeable"?

1 and 4 are definitely "yes", but the question is whether they breached their duty of care by their acts or omissions. I didn't see the crash, but if they put the thing she hit in a place that you could reasonably foresee that she could hit, they probably breached their duty of care. If so, 3 is also "yes" and she will win.

There is a defence called "volenti non fit injuria", which means if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party. This could apply unless Tweddle could not have expected the thing she hit to be there.

richnrg · Jan 25, 2019

That's one of the shittest 'Storm-trooper' fancy dress costumes I've ever seen.

Otis · Jan 25, 2019

Thing is, you say they failed to reach a settlement. Wouldn't C4 just accept no portion of liability?

Doesn't this 'not agreeing a settlement' point to maybe there being some degree of liability on C4's part?

Otis · Jan 25, 2019

richnrg said:
That's one of the shittest 'Storm-trooper' fancy dress costumes I've ever seen.

Unless it's a Stormtrooper bursting out of her chest of course.

OffenhamSkyBlue · Jan 25, 2019

Otis said:
Thing is, you say they failed to reach a settlement. Wouldn't C4 just accept no portion of liability?

Doesn't this 'not agreeing a settlement' point to maybe there being some degree of liability on C4's part?

As I understand it from the report, C4 deny all liability. Tweddle says they have tried to settle it amicably, but the back story is she will only be bringing this case now due to the 3 year limit for claims of negligence (although her ongoing neck problems could possibly extend that, if the court was to agree).

Astute · Jan 25, 2019

OffenhamSkyBlue said:
As I understand it from the report, C4 deny all liability. Tweddle says they have tried to settle it amicably, but the back story is she will only be bringing this case now due to the 3 year limit for claims of negligence (although her ongoing neck problems could possibly extend that, if the court was to agree).

Claims normally take at least 2 years. It is as though they hope you will give up or are happy with the first poor offer they give yoù. But you have 3 years to start the claim.

Mcbean · Jan 25, 2019

Did she not have a job on her nose ?

chiefdave · Jan 25, 2019

OffenhamSkyBlue said:
1 and 4 are definitely "yes", but the question is whether they breached their duty of care by their acts or omissions. I didn't see the crash, but if they put the thing she hit in a place that you could reasonably foresee that she could hit, they probably breached their duty of care. If so, 3 is also "yes" and she will win.

I might be misremembering but didn't she hit the barrier at the end of the ski jump having failed to stop following a jump?

It wasn't a temporary facility put up by Channel 4, its a permanent training centre. Personally I see trying to claim injuring yourself doing a ski jump being someone else's fault a hard sell but we'll see how it unfolds. Bit odd her solicitor saying it prevents her being an elite athlete when she retired 3 years before the show.

Grendel · Jan 25, 2019

chiefdave said:
I might be misremembering but didn't she hit the barrier at the end of the ski jump having failed to stop following a jump?

It wasn't a temporary facility put up by Channel 4, its a permanent training centre. Personally I see trying to claim injuring yourself doing a ski jump being someone else's fault a hard sell but we'll see how it unfolds. Bit odd her solicitor saying it prevents her being an elite athlete when she retired 3 years before the show.

34 have had injuries in the programme which might suggest it’s not actually fulfilling obligations on safety

OffenhamSkyBlue · Jan 25, 2019

It might be that they are not being provided with adequate levels of information, instruction, training and supervision to establish competence, as is required by H&S law. The few times i've seen it, it was more a case of the contestants saying "oh why not, let's give it a go!".
I'd be very surprised if the operators of the centre would not have taken adequate safety precautions - and would allow their reputation to be dragged through the slush! Where is it held anyway? Anyone know? I'm guessing outside the UK if HSE haven't taken action after so many serious injuries.

chiefdave · Jan 25, 2019

OffenhamSkyBlue said:
Where is it held anyway? Anyone know? I'm guessing outside the UK if HSE haven't taken action after so many serious injuries.

Not sure but I think the whole thing was based around Innsbruck as it was mentioned a couple of times in passing on the commentary of competition events. Can't imagine the ski jump was in Innsbruck as they'd never get anyone to do it at Bergisel! If they did send untrained celebs down that C4 deserve to lose every penny they've got.

There's a junior training centre at Natters, which is a couple of miles outside Innsbruck, that would be my guess as that would have small enough hills to 'safely' send anyone down. Sort of place you can turn up and have a couple of hours training before they let you launch yourself off a jump. Although its been many years since I was last out there so might not exist anymore.

I_Saw_Shaw_Score · Jan 27, 2019

Made my stomach drop just looking at that picture!
Imagine hurtling down that after a weeks training!

Tweddle suing makers of "The Jump" for neck injury (1 Viewer)

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