In times of ever increasing claims brought against
Local Councils for personal injuries sustained in public recreation
areas, a recent District Court judgment1 serves as a
timely reminder that Local Councils are not bound to provide
warnings for (or take unnecessary precautions against) hazards that
present as an "obvious risk".
In this case, his Honour Judge Lakatos found that the Hills
Shire Council (Council) owed no duty of care to
warn of the obvious risk of slipping and falling on a Fire Trail,
located within a bushland reserve.2
Background
On 9 September 2014, San Mei Pan slipped and fell whilst
bushwalking on a Fire Trail which was under the care, control and
management of the Council. As a result of the fall, Ms Pan
sustained injuries to her jaw and teeth.
