Sandhurst party-goer broke skull toppling off back of rickshaw
A Guest at a charity ball at the country’s top military college fractured her skull falling off a rickshaw.
sophie Ashraf, 28, from staines, surrey, was attending the Chinese-themed black tie ball at sandhurst when she was hurt in June 2015.
Miss Ashraf and other guests had been drinking and at the end of the night she went for a ride around the parade ground on a rickshaw. But when the driver – a guest who had taken it on a joyride – let go of the handles, it toppled over and Miss Ashraf fell on to the ground.
she fractured her skull and was left with back and psychological problems.
she later sued sandhurst for up to £50,000 compensation, blaming the military for her accident.
However, her case has been thrown out by a judge at Central london County Court after military lawyers argued that Miss Ashraf had to take responsibility for her own safety.
setting out the military’s defence, Judge Christopher lethem said: ‘they say she is a big girl now, she can decide what she wants to do and if an injury occurs, that is her problem, not sandhurst’s.’
He added: ‘she should have reasonably appreciated that this was an inherently risky enterprise.’
the court heard Miss Ashraf – who the judge said was ‘under the influence of drink, but only to a limited extent’ – had been invited to the ball at sandhurst’s New College by an officer cadet.
it had a ‘taste of the Orient’ theme meaning Chinese-style props such as the rickshaw were hired.
Miss Ashraf, who is a catering company manager, told the judge she had a welcome drink and shared a bottle of wine with friends before they left just after midnight.
the rickshaw was being used to take guests for rides around the parade ground and Miss Ashraf got on when asked by the driver, she told the judge. she said she thought the rickshaw was part of the evening entertainment.
Her barrister, richard Moat, argued that the Berkshire college had a duty to protect Miss Ashraf from injury and it had breached that duty.
But for the royal Military Academy sandhurst, James todd QC argued that it was simply an ‘unfortunate accident’. He said the risk was ‘blindingly obvious’ and Miss
Ashraf was a grown woman who knew of the dangers. ‘she willingly entered the rickshaw and allowed herself to be pulled around in it by a complete stranger,’ he said.
rejecting her compensation claim, Judge lethem said: ‘this is a case where there was an obvious risk of a possible accident... that risk would have been obvious on a sober assessment of the situation.’