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ARTICLE · 17 MARCH 2011

Local authority successfully defends $5 million quadriplegic diving claim

The plaintiff was a 17 year old boy who, in the company of friends, had been swinging from an improvised rope swing attached to the bough of a tree overhanging the Fitzroy River at a recreational area in Rockhampton, known as the Ski Gardens. On the plaintiff’s final swing he dived head first into the water, striking his head on the river bed and breaking his neck, rendering him a quadriplegic.

AustraliaLitigation, Mediation & Arbitration

Felhaber v Rockhampton City Council [2011] QSC 023

Facts

The plaintiff was a 17 year old boy who, in the company of friends, had been swinging from an improvised rope swing attached to the bough of a tree overhanging the Fitzroy River at a recreational area in Rockhampton, known as the Ski Gardens. On the plaintiff's final swing he dived head first into the water, striking his head on the river bed and breaking his neck, rendering him a quadriplegic.

The Rockhampton City Council controlled and maintained the Ski Gardens and the surrounding land by undertaking tasks such as mowing the grass, removing rubbish and pruning trees. The Council had also erected and maintained a playground, picnic tables, barbeque, toilets and a boat ramp in the area. The Council was aware of, and indeed encouraged, public use of the land and the adjacent river for numerous recreational and water activities.

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