Driving into danger: breach of duty of care

DIXON V APOSTOLIC CHURCH AUSTRALIA LIMITED [2017] WADC 88

On 25 August 2012 the Apostolic Church Australia Ltd held a spiritual growth conference for church members. The theme was "Accelerate" so the organisers set up some go-karting in the Church's car park.

Ellen Dixon had volunteered to take photographs and video footage of the conference. During a lunch break she drove a go-kart for five or six laps without any incident, after receiving some basic instructions. She was later offered another drive and given the same instructions. This time, while driving, her go-kart lost traction and she started to spin. She tried to brake, but pressed the accelerator instead of the brake and drove into a tree. She was seriously injured with her right leg having to be amputated below the knee.