The cause of action in this matter arose from a collision during a ladies’ race between the appellant, an elite runner competing for points and prizes, and Ms Yasmin Salie, a member of the public taking pictures on a wide, open pavement.
The Western Cape Division of the High Court, Cape Town, dismissed Ms Salie’s claim with costs. On a full bench appeal to the High Court, the court found Kalmer to be 30% negligent for failing to keep a proper lookout and observe on a public pavement.
In a further appeal to the SCA, the SCA ultimately dismissed the runner’s appeal, affirming that runners owe a duty of care to all members of the public using the pavement on which the runner was participating.
From this judgment, the following key legal lessons for runners emerge:
Duty of care
The SCA affirmed that a runner owes a duty of care not only to fellow runners but also to every member of the public sharing a route, especially when not on a designated track.
Foreseeability and standard of care
A reasonable runner must anticipate the presence of pedestrians when participating in a race or run on a public route. The standard of care requires that they ought to look ahead and scan their path for any pedestrians who might be in their way.
Failure to avoid is a breach
Ms Kalmer admitted that her focus was on herself and the ground, and that she does not look at pedestrians or things that she is running past. The SCA held that by simply looking ahead, she would have seen Ms Salie and avoided the collision, thus constituting a breach of her duty of care.
Understanding these legal obligations translates directly into actionable steps every runner can take into consideration to ensure safety and avoid liability:
Keep your eyes up! Regularly scan your surroundings, especially in public and congested areas.
Adjust pace in crowded spaces: Slow down when approaching pedestrians, spectators, or anyone who could be in your path. A moment’s deceleration can prevent a lifetime of regret!
Communicate early: Give clear warnings a few meters ahead to alert others that you are running past.
Study the course: Familiarising yourself with the route before race day can help you anticipate potential hazards.
Carry an identification band: Wearing a clear identification band, in addition to your running attire, can assist in identifying you as a participant in a competition.
The SCA’s decision in Kalmer emphasises that a participant’s competitive drive does not supersede the responsibility to protect vulnerable members of the public on shared routes. Whether competing for victory or running for leisure, vigilance is paramount. Keep your eyes up, respect shared spaces, and adapt your running to your immediate environment. By so doing, you not only protect others but also shield yourself from potential legal repercussions.
Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy have been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s).
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