High Court Confirms That A Defendant Need Only Exercise Reasonable Care Rather Than Prevent Harm

This is a decision of the High Court which considers, among other things, the duty of care owed by a roads authority, how a breach is to be assessed and also contributory negligence.

Background

• On 31 December 1998, Philip Dederer ("Dederer"), who was then 14, dived from a bridge across the Wallamba River in New South Wales. He steadied himself by holding on to a lamppost and dived from the highest of three horizontal railings on the side of the bridge. The top of the railing was flat and about nine metres above the surface of the water. He struck a submerged sandbank and was rendered partially paraplegic.

• There were pictograph signs on the approaches to the bridge prohibiting diving, and signs in words prohibiting climbing on the bridge. Dederer saw and understood the signs before he dived but he chose to disregard them.