Brisbane & Gold Coast No Win No Fee Personal Injury Lawyers explain the law restricting claims for injury arising from dangerous recreational activity.
Restrictions on Claims for Injury Involving Dangerous Recreational Activity
In Queensland, the Civil Liability Act 2003 (CLA) restricts personal injury claims for injury resulting from dangerous recreational activity. The law says that if you’re injured whilst engaging in a dangerous recreational activity, and your injury results from the materialisation of an obvious risk inherent in that activity, then you cannot claim compensation for your injury on the grounds of negligence.
What is “Dangerous Recreational Activity”?
The CLA defines “dangerous recreational activity” as an activity engaged in for enjoyment, relaxation or leisure, involving a significant degree of risk of suffering physical harm.
To give you an idea of what is considered to be a dangerous recreational activity, below we have provided you with a list of what the Courts have decided on this question. Note that there is similar legislation in other Australian States, and so we have included the decisions of interstate Courts, in our list.
The Courts have considered the following activities to be “dangerous recreational activities”:Continue reading
