If you are injured as a result of someone else’s negligence then, generally speaking, you are entitled to bring a claim for damages for the injuries which you have sustained.
However, provisions of the Civil Liability Act provide that if you are injured during the undertaking of a dangerous recreational activity, even if same arises as a result of someone’s negligence, then you may be precluded from the bringing of a claim.
The legislation provides that a dangerous recreational activity involves an obvious risk. An obvious risk, in legal terms, refers to something that is obvious to a reasonable person in the position of that person undertaking the activity. So something can be interpreted as an obvious risk even though the chance of it occurring is very low. Regrettably there is no clear demarcation as to what is a dangerous recreational activity and what is not. Many would agree that professional cricket would not be an inherently dangerous recreational activity but we have all seen, unfortunately, the death of a cricketer who was struck by a cricket ball. Does that make it inherently dangerous?
In one case the Court of Appeal found that the shooting of kangaroos at night with the aid of a spotlight was not a dangerous recreational activity and that a person injured during the course of that activity did not arise as a result of the materialisation of an obvious risk.
As to whether or not an activity is dangerous or not will depend upon the facts. For over 40 years Brydens Lawyers has successfully prosecuted claims on behalf of thousands of clients who have been injured in circumstances where they are entitled to recover compensation.
For a free no obligation consultation to determine whether you are entitled to recover compensation for the injuries which you have sustained contact Brydens Lawyers today on 1800 848 848 or at firstname.lastname@example.org
For over 40 years now Brydens Lawyers has been operating a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.