Whether you’re chasing a personal best or running for the podium, the road ahead demands more than speed, it demands responsibility. A recent ruling by the Supreme Court of Appeal (SCA) in Kalmer v Davids NO and Another [2025] ZASCA 26 (28 March 2025) sends a clear and sobering message to competitive and recreational runners alike: focus does not absolve liability.

Case Background: Collision on the Pavement

The case arose when elite athlete, Ms Kalmer, collided with Ms Yasmin Salie, a pedestrian who had stopped on a wide public pavement to take photographs during a women’s race. Despite the event’s competitive nature, the courts found that the runner’s failure to maintain situational awareness led to the accident. The Western Cape High Court initially dismissed the pedestrian’s claim, but the Full Bench reversed that decision, apportioning 30% fault to the runner. On further appeal, the SCA upheld the finding that Ms Kalmer was partially liable.

Legal Takeaways for the Running Community

The SCA’s ruling offers critical legal guidance for anyone using public spaces for sport or exercise:

1. Runners Always Have a Duty of Care

The Court confirmed that runners owe a legal duty of care not just to fellow competitors, but to any member of the public sharing the space, even on the sidelines. This duty remains in effect whether or not the road is closed for an event.

2. Foreseeability Requires Constant Vigilance

A key principle in the judgment was foreseeability. In a public setting, it’s reasonable to expect that pedestrians may be present, and a reasonable person in the runner’s shoes ought to have been more alert. Tunnel vision, even in the name of competition, is not a defence.

3. Negligence by Omission

The runner’s own admission that she focuses only on the ground ahead and disregards people nearby, was damning. The Court held that a simple glance forward could have prevented the collision. This failure to act reasonably amounted to negligence.

Practical Safety Tips for Runners on Public Routes

To avoid both accidents and possible legal consequences, here are practical steps every runner should take:

• Keep Your Head Up: Don’t just look down, maintain awareness of your surroundings, particularly in open, public environments.
• Slow Down in High-Traffic Areas: Reduce your speed when passing through areas with dense foot traffic. A few seconds slower can avoid years of legal trouble.
• Warn Others: A polite verbal alert or hand signal can go a long way to avoid accidents.
• Study the Route in Advance: Familiarity with the course lets you anticipate bottlenecks or blind spots.
• Wear Proper Identification: Ensure you’re visibly marked as a participant as this helps others and can assist officials in managing route access.

Conclusion: Vigilance Over Victory

The Kalmer judgment marks an important precedent in South African personal injury and negligence law as it relates to athletes and public safety. It reinforces that competitive intensity never overrides basic legal obligations. If you’re sharing a route with the public, whether training or racing, the law expects you to adapt, remain aware, and act responsibly.

By respecting shared spaces and staying alert, you’re not only ensuring a safer race day but also protecting yourself from potential lawsuits. In the eyes of the law, being fast is not a defence but being mindful might be.