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ARTICLE · 08 JANUARY 2015

"Obvious risk" involved in walking down stairs while wearing ice skates: club's appeal upheld

The NSW Court of Appeal has confirmed the principles of "obvious risk" and "dangerous recreational activity".

AustraliaLitigation, Mediation & Arbitration

In brief - No duty owed by club to warn of obvious risk

In Liverpool Catholic Club v Moor, the NSW Court of Appeal has upheld an appeal by a club which was sued by a patron who fractured his ankle when he walked down a flight of stairs while wearing ice skates.

NSW Court of Appeal confirms principles of "obvious risk" and "dangerous recreational activity"

In Liverpool Catholic Club Ltd v Moor [2014] NSWCA 394, the NSW Court of Appeal has confirmed the following principles.

  • Whether a risk is an "obvious risk" requires a "forward-looking" inquiry as to whether the risk of harm would have been obvious to a hypothetical reasonable person in the circumstances of the plaintiff. The plaintiff's actual knowledge is irrelevant.

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