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 40 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.
LATEST NEWS FROM LEE
It was recently reported (SMH 23 February 2020) that the NSW State Government is considering changes to the workers compensation scheme which will provide for injured workers having to pay a "gap fee" for some medical treatment.
Apparently the State Insurance Regulatory Authority is considering the proposed changes and submissions made by Icare. Icare is the insurer responsible for about 75% of all claims made by injured workers and therefore submissions made by Icare would appear to carry a significant amount of weight with the government.
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