DANGEROUS RECREATION ACTIVITIES
DANGEROUS RECREATION ACTIVITIES
As provided in the legislation, 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. Regrettably there is no clear demarcation as to what is a dangerous recreational activity and what is not.
ARE YOU ELIGIBLE
TO MAKE A CLAIM?
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.
If you can establish to the satisfaction of the court that you were not injured in the engagement of a dangerous recreation activity but rather same arises as a result of negligence of the party which you hold be responsible for your injury then you are entitled to recover damages.
WHAT ARE YOU
ABLE TO CLAIM?
Any person injured as a result of a safety defect in a product or good is entitled to recover, upon the successful prosecution of the product liability claim damages for:
- non-economic loss or pain and suffering;
- treatment expenses;
- past economic loss or wage loss;
- future economic loss or diminution in earning capacity;
- loss of superannuation benefits commensurate with economic loss;
- value of gratuitous or cost of commercial assistance or care provided for the past and for the future;
- house and/or motor vehicle modifications;
- legal costs.
WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?
You should consult Brydens Lawyers as soon as possible following any injury sustained as a result of a safety defect in a product or good. There is no reason for you to delay. Strict time limits can apply to the making of such a claim.
Upon engagement Brydens Lawyers will commence to recover all evidential material which could include but not be limited to expert reports, medical records and the like.
WHAT IS YOUR
Your next step is to engage Brydens Lawyers. The sooner the better.
Brydens Lawyers will commence to recover all necessary and relevant evidential material to establish your entitlement to make a claim for compensation for the injuries sustained as a result of any safety defect in any product or good.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
With over 50 years of experience Brydens Lawyers are the experts in the prosecution of claims for damages for injury sustained as a result of a safety defect in a product or good.
Brydens Lawyers has successfully prosecuted thousands of product liability claims in order to recover maximum compensation for persons injured as a result of safety defects in products or goods. Brydens Lawyers are the experts in the prosecution of product liability claims.
Brydens Lawyers were the only people to stand by me offering support and encouragement to get me through my injury. I have been a client since 2016, and the service has been amazing throughout both of my cases. Without Brydens Lawyers I wouldn’t have gotten anywhere near the results that were achieved. I can’t thank them enough.
Sue from Carlingford, a client of our Common Law division.
What would of we done without the wonderful team from Brydens Lawyers? During a very difficult time in our life they were able to ease a situation with professionalism, compassion and positive support. The Brydens Lawyers team have the ability to connect with people and have a drive of excellence in everything they do. We highly recommend Brydens Lawyers, we are very grateful to the wonderful team.
Tracie and Adam C, clients of our Common Law division.
Thank you SO much! Lee, Bill, Steven, Natalia and Carly are extremely helpful at a time of extreme stress! Lee what you did today, blew me away! I cannot thank you enough!
Joanna C, a client of our Common Law division.
Recently I concluded a very long Common Law case against my employer for a significant injury I received in the workplace. Brydens Lawyers worked tirelessly to get the best possible result. I was kept informed during the process & they ensured that my input was respected every step of the way. It is a long and at times stressful process, however I always felt my legal team had my very best interest in the forefront at all times. I cannot thank them enough.
Sharon B, a client of our Common Law division.