Ward v Southern Segway Limited

Head of Personal Injury, Andrew McLaughlin, instructed by Suzanne Bridgeman of Horwich Farrelly, successfully defended a Segway Tour operator at Canterbury County Court following a 3-day trial on liability.

The claimant, Stuart Ward, was part of a group of 15 customers who booked a Segway tour around the grounds of Leeds Castle, Maidstone, in Kent. He had never ridden a Segway before. The group were given a  briefing on how to operate the device and then a one-to-one instruction lasting 2-3 minutes each along a shallow slope before a short health and safety talk. About 1-hour into the tour, shortly before it was due to end, Mr Ward braked hard when he saw another member of the group come off her Segway in front of him. He fell off the back of his Segway and broke his spine. He brought a multi-six-figure claim for damages against the tour operator, Southern Segway Limited, because he could no longer work and required care and assistance.

Due to the number of experts, a liability trial was ordered late in the proceedings. He alleged the accident occurred due to a lack of instruction and training, a lack of the chance to practise, inadequate supervision and an unsafe course. HHJ Parker found the training had been sufficient, he had had plenty of time to familiarise himself with the Segway by the time the accident occurred, the supervision was appropriate, and more would not have prevented the accident, and the location of the accident was not unsafe. He agreed the activity was one that involved a degree of risk but that Mr Ward knew that and still wanted to do it. He found that although Mr Ward was not aware that the tour was in part on steep slopes and bumpy areas of grass he would still have done it even if that had been communicated in advance. He admitted in cross examination that up to the point of the accident he had enjoyed the hour and there had been ample opportunity to stop and opt out but he had continued. Moreover the accident occurred on a relatively benign part of the tour and after  much more difficult terrain. Therefore the claim failed.

Andrew is happy to discuss the ins and outs of the decision in the event of being instructed in defence of any other Segway or e-scooter claims.