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ARTICLE · 05 JUNE 2013

Civil liability for personal harm - dangerous recreational activity and obvious risk

A recent NSW District Court decision provided recreational and adventure operators with more guidance and protection.

AustraliaLitigation, Mediation & Arbitration
Ross Donaldson
Ross Donaldson

In brief - Court decision gives recreational and adventure operators more guidance

A student learning to fly a light aircraft is engaging in a "dangerous recreational activity". A crash landing is an "obvious risk" of that activity in the context of civil liability legislative provisions.

Legislative reform provides more protection to recreational and adventure businesses

A body of law continues to develop to define and exclude from recovery from damages persons who are injured when participating in certain recreational or adventure activities.

This has been the consequence of legislative reform seeking to provide more protection to operators of those recreational and adventure businesses.

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