Ocean rescuer brings successful claim for damages for harm suffered during rescue

In brief - Defendant acted negligently by placing himself in danger

The District Court of NSW recently affirmed that individuals who voluntarily place themselves in a position of peril owe a duty of care to their rescuers; and if they act negligently, they are liable for any loss or damage suffered as a result.

Rescuer injured while assisting seafarer and capsized boat

In the matter of Blackney v Clark [2013] NSWDC 144, the plaintiff brought a claim for damages against the defendant for injuries sustained whilst successfully coming to the rescue of the defendant and his vessel.

On 13 January 2010, the defendant's dinghy came into trouble off Chinaman's Beach, south of Evans Head in NSW. The defendant had allowed his vessel to get so close to the breakers that the vessel was dragged into shore, causing his vessel to capsize and leaving him clinging to the bow.