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ARTICLE · 10 MARCH 2013

Skiing accident on beginners' slope - characterisation of risk

Curwoods Lawyers
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A company conducting ski lessons has a duty to take precautions against exposing a beginners class to risky obstacles.

AustraliaInsurance
Lia Sparks
Lia Sparks

Perisher Blue Pty Limited v Harris [2013] NSWCA 38

Judgment date: 27 February 2013
Jurisdiction: Court of Appeal1

In Brief

  • A company conducting ski lessons has a duty to take precautions against exposing a class of beginners to obstacles which their experience would not allow them to negotiate.
  • Section 5B of the Civil Liability Act 2002 (NSW) (CLA) requires the characterisation of a risk before the provisions can operate.
  • A judge does not need to specifically address the issues contained within s 5B(2) of the CLA in his judgment to demonstrate his or her regard for their principles. A judge's regard for the principles can be taken from that judge's reasoning.

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