In full swing - obvious risk and dangerous recreational activity

In brief - Court finds that diving into river from a rope swing entails an obvious risk

The Court of Appeal in NSW has determined that a local council was not liable for harm suffered by a 16-year-old who became a quadriplegic after a diving accident because diving into a river from a rope swing is a dangerous recreational activity involving an obvious risk.

Increasing tendency to rely on defence of "obvious risk" and "dangerous recreational activity"

The Court of Appeal continues to consider defences made under section 5L of the Civil Liability Act 2002 (NSW) (CLA). Most recently, the decision in Streller v Albury City Council [2013] NSWCA 348 continues the trend of cases where the defence of "obvious risk" and "dangerous recreational activity" has been successfully used to deny liability.