Running is a popular sport, whether for health, social engagement, or community awareness. But what happens when a runner collides with a spectator? This question was considered by the Supreme Court of Appeal (SCA) in the recent judgment of Kalmer v Davids NO (in her capacity as Executor in the Estate: Late Yasmin Salie) and Another.1
In this case, the appellant, Kristine Kalmer, was participating in a road race on a section of the course open to the public when she collided with Ms Yasmin Salie (Ms Salie), a member of the public who was not participating in the race. At the time, Kalmer was an elite runner competing for points and prizes. She appealed a full bench judgment that held her liable for 30% of the damages Ms Salie may prove against her arising from the collision.
The collision occurred after Ms Salie and another race participant, who had not yet started the race, walked across the pavement where the race was taking place. They were stationary in the middle of the pavement, which was six metres wide, when the collision occurred. Kalmer was running in the middle of the pavement at the time.
The evidence established that Kalmer could have avoided the collision by slowing down or running past Ms Salie and her companion on either side. Given that she had run this race many times before, she would have been aware of this possibility. Further, her approach to races was that she focused solely on herself, the ground in front of her, and her competitors, "with no regard for other users of the pavement and oblivious to what was happening around her". The SCA found this conduct to be negligent and dismissed her appeal.
The case highlights the importance of taking reasonable steps, including keeping a proper lookout, to avoid injuring others, even when participating in seemingly ordinary sporting events. When such events take place in public spaces, failure to exercise caution may lead to liability, as demonstrated by the Kalmer judgment.
