Apes Hill ACCIDENT Incorrectly Given Prominence by the Nation Newspaper

Apes HiReading the Nation report last week on a regrettable accident at Apes Hill Polo Club where a Canadian minor on a visit to Barbados with his parents got struck by a polo ball and injured, should make us reflect on the effect that unwarranted personal injury litigation American style is having on caring individuals and organisations. In fact BU is left to ponder why the Nation editor felt compelled to promote the story as if Barbadians are the most heartless lot to be found anywhere.

Bajans have always known that if they are spectators at a cricket game and get hit by a ball, there is no fault as they have consented to the risk by attending the game. If they park their car longside the ground and it gets hit, it is their risk. But most Bajans would go to help if anyone was injured. And BU finds it impossible to believe that this is not exactly what happened at Apes Hill. It is, after all, our nature as a people and we do not believe that the “walk on by and ignore” culture of the USA has yet reared its head in Barbados. Based on the Nation report an ambulance stationed at Apes Hill transported the injured boy to Sandy Crest medical facility after a mishap unrelated to the incident.

BU has been apprised the legal implications also are very clear. There is no negligence and no case to answer. Volenti non fit injuria (consent to the risk) applies in context of a sporting event, not only from the point of view of players, but also of spectators. The authority is Wooldridge v Sumner & Anor [1963] 2 QB 43.

It resonates with us that the Nation has nothing better to report on than an accident where a spectator got hit by a ball at a sporting event, whether a foreign spectator or not, where no negligence either occurred or can be implied and where the risk was so clearly consented to, akin to being hit by a cricket ball at a cricket game. Had this occurred in Canada, a common law country, it would not even have been reported by the press, because, in the clear absence of negligence, there is no story. No balanced story, unless it involves the alleged dissemination of under-aged pornography and actionable politically-based defamation seems to be a feature of the Nation reporting.

One is left to wonder what is the purpose the legal resources contracted by the Nation to support the business of publishing advised in this instant.  This story again betrays the lack of credibility by the Nation newspaper.

62 thoughts on “Apes Hill ACCIDENT Incorrectly Given Prominence by the Nation Newspaper

  1. Americans love to sue, it all coming to bim.
    the more we become commercialized the more trouble.
    barbados should be a well kept secret not a easy,drunken,place as it has become.
    it should be all rooms full try again later and bajans can stand proud behind that.
    not beg like the descendents of slave masters like Adrian whatever he name is.

  2. Pingback: Apes Hill ACCIDENT Incorrectly Given Prominence by the Nation Newspaper | Black In Barbados

  3. @David. Good. Sad for the child and hope he is better, but no liability for the club and no story for the Nation.

  4. Barbados Tripadvisor

    So you’re essence saying that the people of Barbados should foot the bill for someone else wilful negligence? Well I got news for you sucker: a very good friend of mine was killed by a drunk drive on his way to pick up his wife from work one night. Now I am quite sure you have heard the name Derrick Benn mentioned in conversation before? Listen! He was a Mounted Police at District A, a husband, a father, a friend and a former head boy at St. Leonard’s Boys Secondary during the time I attended that school in the 1980’s. He is dead and gone but the man who killed him is still breathing God’s good air. So give me a break fellow…. I am sure money could do little to bring back my friend but it would surely help his grieving wife take care of herself and his children. So you obviously need to examine your backward thinking because Barbadians are progressive and forward thinking people- I hope.

  5. The Nation newspaper maintains prominence because of a lack of competition. Hopefully the day is near when this medium will take the place I think it deserves, so that less and less barbadians will depend on cheap journalism, the trademark of Nationnews.com.

    • The media plans such an important role in shaping opinion through accurate reportage and importantly how it presents news. It is a role which the Fourth Estate has refused to take up represented starkely by a defunct Barbados Association of Journalist.

  6. “Shaping opinions “.. ha ha ha, but that is really all “politics” is about. The media and the Parties work seamlessly together to maintain positions of orchestrated relevance

  7. “Bajans have always known”….now THAT is part of the problem. Yes, in broad terms the post writer is correct on the issue of volenti. BUT it all rather depends on the circumstances: see Mowser v De Nobriga (1969) 15 WIR 147 (TnT) – spectator struck by riderless horse.
    The rule is volenti, consent to, not knowledge of, risk.

    In any event – what on earth is wrong with the report? For one thing it acts as a salutary warning to spectators; for another it might just jog sports promoters and landowners to take care to warn spectators of risks and exclude liability for them.

  8. In fact having looked at this again – for Christ’s sake – why are people like Hamilton Hill using this for Nation bashing? It makes no sense other than to further an anti-Nation agenda and most unjustly.

    Meanwhile Trip is on another and talking about standing proud again and blaming Adrian for creating a slave mentality. Makes ya wonder where they get it from. But then “Bajans have always known…..’

  9. Toxm..Tom;Toxm..Tom, I here practicing my spelling before submitting my job application to the Nation.

    I keep telling wunnah that as a newspaper the Nation makes a Budgie’s toilet, did the story also mention that the couple was offended by the road apples that the horses left on the field?

    I heard there are some good sunsets to be found in Bim and I have already enlisted two people (Bushie & Well Well) to help me locate the pot of gold to be found at the end of the rainbow, think I could get them to run that story?

    My calendar must be off I thought that April 1st was tomorrow but the Nation jumped the gun.

  10. When certain politicians are allowed to pick up the telephone and influence the dissemination of news stories, especially when these stories have the potential to impact negatively upon the collection of public funds, people like Hamilton Hill will always be in the vanguard to put the trash where it belongs. Those who have grown accustomed to frowning at the proletariat are not expected to understand their resentment.

  11. It may be a blessing that there is so little happening in Babadus that a little fella getting hit on he head is major news.

  12. Hamilton

    Don’t be naive. Because you’re obviously delusional or cognitive insufficient, if you think one moment that Barbados is the exception to the above scenario that you have painted for us. You ought to know the that political parties influence the media in Barbados as well as in the United States of America?


    Freedom of the Press, there are many more things the Nation and other papers can write about , but Chuse not to,
    Print what they may as long its truth and not lies wit intent to do harm or defame others with out cause,
    The papers can print to teach and learn the people their right they may nave hidden by some lawyers not to go against their investment or friends,
    Let the papers print and We decide , no law was broken ,but if that is the wish of the family to try nothing is wrong with it ,
    To hold out door meeting we have to be covered by insurance , why not rich POLO players and people , Act like they dont know ,

  14. This is a pack of shite. The Club cannot escape liability that easily. Also, what incensed the family of the injury person (and patrons) was the refusal by the Club to request an ambulance and then after the ambulance had arrived, asking the paramedics and the family to move the ambulance so the polo game could continue with further delay.

  15. i really do not understand what the comotion is all about.the nation as far as i read reports a story as was told to them by the parents.now pray tell me what harm was done by the nation..any resolution brought can only done by the parents.i see nothing wrong or any conflict on the part of the nation in reporting the story.as a matter of fact i am impressed.

    • Based on the Nation report there was an ambulance on site but it ruptured a tyre and parties had to wait until the other arrived.

  16. as a matter of fact whatever the parents choose to do is a matter for litigation between plaintiff and defendant….the nation did its job absolutely no blame here..good job in reporting

  17. It is not possible to exclude liability for negligence which causes such harm by notice to a consumer-see the Consumer Protection Act, Cap.262D.

    And players do not, contrary to popular belief, consent to every risk of injury during a game -.

    “But if your injury was the result of unreasonably aggressive behavior on the part of another participant — you’re playing basketball and the guy you’re guarding punches you in the face because he doesn’t like the way you play defense — assumption of risk wouldn’t bar you from pursuing an intentional tort lawsuit against the person who hit you…”

    The difficulty lies in ascertaining which ones they may be taken to consent to.

  18. Ambulances do not carry spare tires … I suppose with all of the medical equipment and supplies on board there would be no space for redundancies ..

  19. I agree with ac and Robert Ross on this one.

    It is a human interest story that the Nation printed that would normally garner little discussion . But it is the Nation Newspaper that is in the mix so it is therefore open to spurious analysis by the overseas based Bajans, the Nation bashers and David (our blogmaster, who is generally inherently fair and balanced) of all people, so the floodgates of ill placed illogic open.

    Bet wunnah, if it was a local child who was injured, that the bête noir of the same people who jumped to attack the Nation for publishing the facts would not have been the Nation but the white Apes Hill crowd for insensitivity, inhumanity and other ills. The story has shown me, at least that those rich people at Apes Hill don’t care about anybody, not even their erstwhile kith and kin. There was a signal lack of humanity shown to a child and parents in distress in the story.

    Which one of us thinks that Apes Hill acted humanely in this matter? Why should it not have been reported. If the argument had been that the report might do our tourist industry damage in these perilous times, I might have understood that motivation but the motivation, at least on the surface, seems to be purely “get the Nation” and very little more.

    A pox on their house but leave the Nation alone. To me, it looks as if they were doing their job.

    Ac. Congrats on two excellent posts on this matter.

  20. The Polo club is free of litigation because the law of torts indicates that a person assumes the risk of injury when at a game. Now there are three standards the plaintiff must meet in order to be awarded punitive damages. Here is where Ross comes in because this is a far as my knowledge goes. (1) duty (2) failed to preform that duty (3) did the plaintiff suffered any damages.

  21. the more i read the submission the more i am at a lost for words ,the writer somehow is confusing two issues.the right to sue and the newspaper right to publish based on a flimsy a conclusion that an injury sustained as result of a person at a sporting might encouraged some form of legalities from the injured party,,,how asinine and ridiculous, furthermore to use American jurisprudence as an argument is even worse,,given that the families involved live in a country whose judicial process is not far removed from america.and therfore would not need any assistance or prompting from the newspaper article,..

  22. Dompey

    Yes I do but Jeff is the expert in this area – though I note he is saying basically what I was intending to convey earlier. The bottom line is that the post is misleadingly simplistic.

  23. Ambulances do not carry spare tires … I suppose with all of the medical equipment and supplies on board there would be no space for redundancies .
    And if a spare wheel was on board , would we expect the medical technicans to change the tyre? In some Medical Units, Medics are not even allowed to drive.

  24. Derrick Benn mentioned in conversation before? Listen! He was a Mounted Police at District A, a husband, a father, a friend and a former head boy at St. Leonard’s Boys Secondary during the time I attended that school in the 1980′s. .
    No we know who this Dompey really is. At ease brother!

  25. Hants | March 31, 2014 at 10:03 AM |

    It may be a blessing that there is so little happening in Babadus that a little fella getting hit on he head is major news.
    You sure right there, H. A 14 year old lad got squeezed by a boat and died in Oistin yesterday while swimming, and not a peep of sympathy for the grieving family.
    Hours later, not a stone throw away from Oistin,in Cane Vale, an old man ,wheel -chair bound was burnt to death as the home,which he shares with nine others, caught fire. Not a peep of sympathy for the family.
    Meanwhile down in St Andrew, two persons narrowly escaped death when the truck which was towing a trailer with a piece of heavy equipment,suffered Brake Fade, overturned , and threw the piece of heavy earth moving equipment through the home of an old man ,who was lucky to escape injury. Not a word of sympathy. Then again this is Barbados ,Sympathy for our own, is like the ” Smiles Wide.”, reserved for others.

    • Thank God some of us understand what motivates the Nation editors, it is about sales and this ‘human interest’ story is no different. BU will continue to jab at a barren traditional media that has allowed itself to be held hostage to what is mediocre.

  26. @ Colonel B

    It is the subservient gene, exacerbated by Vivianne and her “how many paper sales this one gine get if we put it pun de front page” worsened by the fact that people in Bulbados, particularly the 95% black population do not identify with black death, Campus Trendz, Arch Cot, the young man who will never be 16 “going on 17”, the ole man like me wh bun up, nor any of the rest, it is the “Bulbados Disconnect”

    You would have to show a woman beating her daughter with a 2×4 or a 6 year old wukking up pun a hardback woman to at least catch their attention.

    @ Ross

    I am surprised at you luminary of the Halls of Justice. That you would respond to Mr. Left Barbados now “Living in America, Eddie Murphy, Wannabe” paladin of the Oh Say Can We see By Dawn’s Early Light, i doubt he knows what that means (sorry the internet searcher will google it)

    @ AC

    Which one of you is writing today? THis is the more coherent one of course!

    You said and I quote “…furthermore to use American jurisprudence as an argument is even worse,,given that the families involved live in a country whose judicial process…”

    Expect very soon a cyberspace visit from he who is now my cyberspace stalker.

    Imagine that you could have made such spurious remarks querying American Jurisprudence at variance to he who is the inverted version of Apuleius’s Golden Ass, that is a story about a guy who’s turned into a donkey.

    This blogger is a donkey masquerading as a blogger, cant mention his name here causing he going start to throw insults en ting…. It is time for Banning for Life to come to my rescue…..LOL

  27. Piece

    It is best you focus on your insulin shot and leave me be because you have a lot on your plate brother. Let’s focus on the topics before deliberation and cease and desist from the personal attacks because it is in this manner of small thinking that brings out the worse in the both of us.

  28. @ Dompey

    For those uninitiated in the review of the submissions between us it would seem that I have drawn the proverbial sword first but the ole man does have alot of time pun me hands and i did see you comments pun de nex blog DIRECTED TO your humble servant!!

    Man even Baffy did see it and comment.

    How ole you is man? Man i did wondering how ole you was cause i did saying dat perhaps i did tek way one uh you wummens back in de day but dat wud a been 60 years ago and you seem to be in you 40’s to 50’s.

    De only nex ting dat would got you pun my tail here pun BU is if…whuloss.. Mark, doan tell me dat dis is it, whuloss, Mark, Markie, Marky doan tell me dat, say it aint so boy, boy you mean to tell me dat I is probably …..?

    No sireeee, forgive de ole man if it is true…when we young we does do alot uh foolish tings but i did telling myself dat you writings is very literate and accomplished and so much more polished dan mines. Man i gine tell you a secret, I does look fuh you postings all de time, yes siree, jes bacusing uh dem stellar content and edifications en ting

    Markie whu bless my soul… lef de ole timer, soon to get alzeimer, what a bummer..

    Yagga you feel dat i cud get a pick at Bay Street as a poet? No not up de Bush Hill side, I too ole to get a job likkle furdah down Bay Street as de village ram, albeit i did seem to do sumting out Station Hill

    Mark I is only playing wid you man, lighten up, dis anal retentive ting only gine give you an ulcer…

  29. @ Dompey…I tried desperately last evening to decipher your post of 10:31am.I attributed my ignorance to the fact that I had driven all night and was somewhere between snooze and sleep. Here I am well rested and just as lost this bright April morning. Help me please but use simple language this time.

  30. Oh and by the way, deal wid me and faget pieceaderock.He will cafuffle you in ways dat would grow your head bigger than Mike Tyson’s.

  31. look negro Piece yuh de rock,,,,,,ac not vying or in any literacy top ten competition on BU,,,,,,,,i say what i say and move on,,,you write things which i donot understand at times ….do i care >>NO! do i care NO!People of your ilk reminds me of the scribe and pharisees who snub a little unknown boy of (that) time..one who talked in parables and the so called intellectuals of that day laughed and mock him snubbing him as illiterate and ignorant,,,to You i say sir,,,,, maybe you ought to take that phony intelligence of YOURS and put it under lock and key and listen to what the dull and ignorant has to say,…now get.out my face before i throw a big rock in THY back yard..

  32. Piece
    Now, don’t insult my intelligence because I am well aware of someone who it trying to characterize me as some kind of a joke on this blog.
    And what difference does it make whether or not I am 2 or 22? And what does one chronological age have to do with anything? Have some respect man because I am not to be use as a punching bag on this blog. I haven’t seen you utilize your comical buffoonery with David, Prodigal Son and your troop of BLP pot- timers as of yet. So what gives you the audacity, termity and unmitigated gall, to think you could do it to those persons who cares little for your political stance? I love to joke but your kind of humour I just do not get but perhaps I am simple minded and in want of a sense of humour?

  33. The boy although clearly shaken probably had no real head damage, or he would have ran home …emptied his piggy bank and bought shares in a Barbados business.

    • The big joke on BU is how anonymous bloggers believe getting personal ALL the time is sensible.

  34. David

    “It is about sales’

    LOL…….did you just twig that one? Thanks for the big picture though. And what is BU about?


    Don’t be surprised. It is clear to the world that Dompey is a gentleman and a classical scholar and I respect that. Besides, he can still run 100 metres in under 13 seconds – I suspect faster than most on here.

  35. Pizza Man Doc just closed a location a bad omen, if you cant make money on flour and water it is a sign of the times. What I said was clearly sarcasm tinged with a little humour if you want to read more into it go ahead.

  36. No David…..the big joke on BU is the lotta shiite that Lawson does write….
    LOL Ha Ha ….muh belly!!!! Rotfl…

  37. @ Ross
    Dompey is a gentleman and a classical scholar
    ….just when Bushie was beginning to think about giving consideration to (maybe) liking your contributions – you come with this….

    Dompey is a moron looking to impress with his thesaurus…..
    Shiite man, not even the US army ain’t want he fuh cannon fodder in Afghanistan…….

    ….man Colonel – bring the joke back to the shun do!!!

  38. Lawson

    Yes, I think I see. But don’t worry. The cavalry is on the way – with a playground – Man Jack is on board and Big Bucks is firing both barrels.

  39. Very dear BT

    You’re not getting anywhere with Island. Would you like me to introduce you to Mary?

  40. Since this incident I decided to visit the Apes Hill website and the price of the properties are in a word “ritzy”. With those prices they should have a medical team on site less someone fall off his pony during one of the chukkas. Polo is one of those sports that really separates “the haves” from “the have nots”, it probably costs more in upkeep for those ponies than it cost to feed the average family.

    To each their own if people get their satisfaction from the sport who am I to quibble about their likes or dislikes, one observation was the area always called “Apes Hill’? Is there a coincidence that one of the other resorts of sumptuous consumption is called “Green Monkey”?

    Maybe it’s the Freudian in me.

  41. Thanks Ross. And as far as Bush Tea is concern: you better make your words soft and tender because you may have to eat them someday. Now, I’ve learned not to argue with a fool because he would beat you with experience and pull you down to his level. So, I think I’ll pass this time Bush Tea…

  42. Bush Tea

    And finally, you’re the only person on the blog ( and God is my only witness) that I’ve tried my earnest to avoid because I’ve found that you’re the type of gentleman who is limited in his capacity to reason. In other words, you’re the quintessential of the functionally illiterate Bajan and that’s the honest truth.

  43. @ Dompey

    Bush Tea…
    “…you’re the only person on the blog ( and God is my only witness) that I’ve tried my earnest to avoid….”
    …and even at that simple task you have failed?
    Shiite man – you failed to make it in Barbados
    You failed in the US army
    You continue to fail to grasp basic grammar….

    ….and even the simple task of avoiding the Bushie whacker you can’t manage….? …and you messing with the Pieceuhderock….?
    Wuh….You is a glutton for failure and punishment boss….

    BTW…Bushie was talking to Ross…..not you – so you have no strong case of provocation….. LOL

  44. Bush Tea

    Brother, I am going to have leave you alone because it is clear that you’re five cent short of a dime.

  45. @ Bush Tea

    I jes jes jes dis minute post someting pun his same ingrunt man jes dis minute.

    I jes say dat Duncy in an effort to mek heself relevant has taken to “mirroring” peoples sentiments posted by other bloggers e.g. he realises that Ross holds his own and that there are people here who does tek on the whole world and, so that he would seem knowledgeable he does practice, “echolalia” to be considered wise.

    Donkey, as i said there i will repeat here.

    I would suggest that you (i) go to another blog and type in “intelligent repartees” and copy down the phrases that are posted then (ii) so that everyone here does not know the full depth of your stupidity, go to another site, find an online thesaurus, replace the plagiarized words with the lexicon’s suggestions and (iii) THEN come back heah and try to do a McGuyver to impress the people that are here.

    ** was really telling the truth when he said that you never got past third form at st leonards!!

    But i gine lef you to Bush Tea and IslandGirl246.

    Blogmaster forgive me, but dis man real ingrunt in truff!! I gine get me granson to write a programme dat gine crash Donkey Cumputer doah…

    0 0

  46. If you think polo is dangerous try water polo ..I have had two horses drown beneath me.
    BT what shite Pizza man closed a store
    Kid hit on head
    Dangerous to be investing in a Barbados right now , how can you dispute that …. now if you meant some things I have said in the past I can only tell you to look to the future

  47. Looks like at the end of this month,finally, the Canadians will have their woman, in the Drivers seat at BL&P.

  48. So they can’t hide the Directors or owners, maybe except for one, of the newly acquired Bayview hospital any longer, why would Jerome Walcott be denying he’s involved and is name has been called big and broad in the media, Inniss should also say something about his involvement with Harris…..AND when will Harris start to pay out all those insurance claims and eliminate the current astronomical liabilities of the Transport Board so that state entity can be sold.

    Unfortunate to hear the head of the Paralympics died at Bayview yesterday.

  49. @David April 1, 2014 at 3:57 AM “Thank God some of us understand what motivates the Nation editors, it is about sales”

    So David If ya running a business ya got ta sell product. How else is the Nation going to survive?

    It is called the Nation Ltd. Not the Salvation Army.


    Ball hits boy was a legitimate if small story.

    And Apes Hill come out smelling like stinkin’ missies.

    But if they have a side to tell, they are free to tell the Nation their side.

    But for anybody to suggest that the Nation should not have published or the parents should not have spoken up is bare foolishness,.

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