Post by SBRPost by Ewan ScottThe fact is, this type of incident IS avoidable. Since my son was
knocked unconscious and another lad lost his front teeth, we have not
played such games in the dark. There has been no repeat of the
"accident". To allow it to happen a second time would truly be negligent.
I agree, if there is a demonstrable problem, but where does it stop?
Giving 30 kids a game to play in the dark, irrespective of a "no running"
rule almost ensures an accident, IMHO. The fact that they ran when told not
to doesn't come into it, since you could doresee that they would break that
rule anyway.
Post by SBRDo we stop doing night navigation in case somebody gets lost?
Course not.
Post by SBRI still worry that sometimes identifying a risk makes us liable if the
risk actually happens, because we knew it could happen. If we didn't
identify it then would we have the defence that we didn't take action
because we hadn't identified it as a risk?
Ah, there's the rub. You are damned if you do it, damned if you don't.
You do an RA and you tick all the boxes. In theory, you should have
mitigated the risk, so then if there is an incident you MUST have missed
something - you are damned.
You do an RA and you tick all the boxes, but one night you take a shortcut,
an accident happens, you are damned by your own evidence.
You do an RA, you miss some of the boxes, you have an accident, you are
damned in that you didn't see all the risks.
You don't do an RA, there is an accident, you are damned by the absence of
an RA.
Your RA is only of any benefit to you IF you tick ALL of the boxes, ALL of
the time, and NEVER get it wrong, and NEVER have any accidents.
Ewan Scott