In 2002 the WA government introduced legislation which, among
other things, sought to limit liability where individuals are
injured or die, having effectively taken an obvious risk. In
introducing the Civil Liability Act 2002 (WA) the legislature
looked to avoid rewarding an injured person who was voluntarily
involved in a dangerous recreational activity and the harm was a
result of an obvious risk of that activity.
However, this is only part of the story when assessing the
impact on society of individual risk-taking. Take for example the
seemingly innocuous pastime of bushwalking. Extensive education
campaigns have been undertaken in multiple States to ensure
bushwalkers take every possible precaution to avoid unnecessary
risk when walking in remote areas. Even so, people still set out
perilously underprepared and require expensive and time consuming
rescues.
