Langham v Connells Point Rovers Soccer Club Inc

The case of *Langham v Connells Point Rovers Soccer Club Inc* concerned an appeal from a District Court decision. The appellant, Mr Langham, had suffered injuries after tripping over a rope strung across the entranceway to a park. The respondent was the soccer club that had organised an event at the park. Mr Langham alleged negligence on the part of the soccer club, while the club contended that Mr Langham had failed to exercise reasonable care for his own safety.

The primary legal issues before the court were whether the risk of injury from the rope was reasonably foreseeable, whether the soccer club had taken reasonable steps to mitigate that risk, and whether Mr Langham had been contributorily negligent. The court also had to consider the assessment of damages, specifically the component for future gratuitous attendant care services under the *Civil Liability Act*.

The Court of Appeal found that the risk of injury was reasonably foreseeable, particularly given the context of a "shirt balancing exercise" which implied a degree of distraction or impaired balance for participants. The court determined that the measures taken by the soccer club to warn of the rope were insufficient and that a more effective warning or removal of the rope was a reasonable response. Furthermore, the court found that Mr Langham had not failed to exercise reasonable care for his own safety, as the risk was not so obvious as to warrant a finding of contributory negligence.

The appeal was allowed, the previous judgment was set aside, and judgment was entered for the appellant in the sum of $233,758. The respondent was ordered to pay the appellant's costs in the District Court and 85% of the appellant's costs of the appeal, with a certificate under the *Suitors' Fund Act* granted. The question of whether these costs should be paid on an indemnity basis was reserved for further determination.