High Court re-awards injured swimmer $3m 9/2/05 (1 Viewer)

[Jonathan A]

While I believe this is an unfortunate accident, I can't help but think it's going tp pave the way for people making similar claims.

A few years back a man was rewarded compensation for cutting himself on broken glass, in an attempted robbery.
Another man was awarded compensation because he tripped over somebody's garden hose in their front lawn.

I know on our farm we've spent several thousands of dollars putting up signs in our sheds and on gates, so if somebody enters our property and does something stupid, we cant be held liable.

Yes, but what if this man was invited and was hurt? I would think that he would have the right to sue if he was not warned. The truth is, these people (thieves) don't get the full payout they would deserve as if they were invited so the law is being fair there. And the truth is this man can still be charged for a criminal act. Let's not cross the wires of law together, because they are different. He probably was charged for his crimes, he gets his punishment, now he is excercising his right.

 

[Jonathan A]

Don't laugh. It has happened. Forbes Shire Council was sued for several millions of dollars when a man tripped on a crack on a cement path way, after that several other claims were lodged.

Like I said before, you cant legislate against stupidity.

You would also note that a person may not be able to establish a negligence claim if they have knowledge of the risk or something obvious - this was proven in the case of Phillis v Daly (1988) where the courts did not award any damages to a person who tripped over a log because they said it was his problem he did not do what people should do and that is step over the log as he knew it was there.

 

[2sense]

If more cases like this happen. Wouldn't the council have to close the beach?

 

[Jonathan A]

If more cases like this happen. Wouldn't the council have to close the beach?

They could, hard to do. But essentially what the law would require is for them to ensure people know what risks they are embarking on by entering the beach and as Asquithian said, not be negligent.

 

[katie_tully]

They'll just make it harder for them to be considered liable if you hurt yourself.

I know that if anybody trips over on our place, drinks a chemical, gets attacked by an animal we cant be held liable because our place is sign posted to the hilt.

It is because of all this litigation that local sport clubs are shutting down, because they cannot afford the insurance.

 

[katie_tully]

Perhaps insurance companies shouldnt be so greedy.

You will find the increase in sucessful claims has not increased in proprotion with the cost of insurance in some cases. They pass on the cost PLUS EXTRA.

I don't know anything about how it works in relation to claims, etc..
I know that some people successfully gained compensation for injuries sustained playing soccer, so the insurance for all clubs in Australia rose.
Ours went from $70 per person, each season, to $170

 

[Jonathan A]

They'll just make it harder for them to be considered liable if you hurt yourself.

I know that if anybody trips over on our place, drinks a chemical, gets attacked by an animal we cant be held liable because our place is sign posted to the hilt.

It is because of all this litigation that local sport clubs are shutting down, because they cannot afford the insurance.

Its mainly because people are being negligent. No one wants to cover you if you wont take responsibility for your own actions.