Girraween
I hope this means we can start a new round of lobbying to re-open access to cliffs closed due to injury-suit concerns.
My special hope: Crookneck.
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couriermail.news.com.au/s...public_rss
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State not liable for dive injury
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Mark Oberhardt
May 16, 2007 01:40pm
Article from: NEWS.com.au
QUEENSLAND National Park authorities could not be held liable for a schoolboy, who became a quadriplegic after diving into a rock pool, despite having breached its duty of care to him, a judge has found.
Justice Kerry Cullinane found the state government had breached its duty by not having taken greater steps to provide a warning in prominent locations warning about the risks of diving or jumping into rock pools.
However, he found the government could not be held liable because it was likely even if there had been adequate warning signs at the pool, Craig John Reardon would have still dived into the pool.
Justice Cullinane found Reardon had not established a causal link between the absence of a warning notice and his injury.
The Supreme Court in Townsville had heard Reardon, 18 at the time of the accident and now 26, suffered spinal injuries when he dived into the water in Alligator Creek National Park, on November 18, 1998.
He was rescued from the water by friends and airlifted to safety by helicopter .
Mr Reardon, now permanently confined to a wheelchair, was a final year student at Kirwan High School when he and friends went to the swimming hole.
His lawyers argued the Queensland Parks and Wildlife Service did not provide proper and adequate signage in place to warn visitors about the dangers of swimming, and particularly diving, in the creek.
The court heard Mr Reardon and four friends visited Alligator Creek , staying overnight before trekking to a waterfall and swimming area known as The Coffin.
They were jumping, diving and doing backflips into the swimming hole for about half an hour before Mr Reardon hit his head on a submerged ledge.
In a written judgment, which became available yesterday, Justice Cullinane found for the defendant (the state government).
``I think on the evidence it should be accepted the state government ought to have taken greater steps to provide a warning in a prominent location or locations warning those entering the creek area of the risks of diving or jumping into rock pools,`` he said.
Justice Cullinane said in his view the state government breached its duty to Reardon as one of those entering the National Park.
``However, I think it quite unrealistic to expect had Reardon and his collegaues seen such a sign it would have altered their conduct on the day,`` he said.
My special hope: Crookneck.
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couriermail.news.com.au/s...public_rss
=========
State not liable for dive injury
=====================
Mark Oberhardt
May 16, 2007 01:40pm
Article from: NEWS.com.au
QUEENSLAND National Park authorities could not be held liable for a schoolboy, who became a quadriplegic after diving into a rock pool, despite having breached its duty of care to him, a judge has found.
Justice Kerry Cullinane found the state government had breached its duty by not having taken greater steps to provide a warning in prominent locations warning about the risks of diving or jumping into rock pools.
However, he found the government could not be held liable because it was likely even if there had been adequate warning signs at the pool, Craig John Reardon would have still dived into the pool.
Justice Cullinane found Reardon had not established a causal link between the absence of a warning notice and his injury.
The Supreme Court in Townsville had heard Reardon, 18 at the time of the accident and now 26, suffered spinal injuries when he dived into the water in Alligator Creek National Park, on November 18, 1998.
He was rescued from the water by friends and airlifted to safety by helicopter .
Mr Reardon, now permanently confined to a wheelchair, was a final year student at Kirwan High School when he and friends went to the swimming hole.
His lawyers argued the Queensland Parks and Wildlife Service did not provide proper and adequate signage in place to warn visitors about the dangers of swimming, and particularly diving, in the creek.
The court heard Mr Reardon and four friends visited Alligator Creek , staying overnight before trekking to a waterfall and swimming area known as The Coffin.
They were jumping, diving and doing backflips into the swimming hole for about half an hour before Mr Reardon hit his head on a submerged ledge.
In a written judgment, which became available yesterday, Justice Cullinane found for the defendant (the state government).
``I think on the evidence it should be accepted the state government ought to have taken greater steps to provide a warning in a prominent location or locations warning those entering the creek area of the risks of diving or jumping into rock pools,`` he said.
Justice Cullinane said in his view the state government breached its duty to Reardon as one of those entering the National Park.
``However, I think it quite unrealistic to expect had Reardon and his collegaues seen such a sign it would have altered their conduct on the day,`` he said.
