Injury in a recreational activity or sporting event

Have you been injured in a recreational activity or a sporting event? You may be entitled to make a claim for compensation.

The Civil Liability Act limits liability for dangerous recreational activities. A defendant is not liable for injury from an obvious risk. This applies whether or not the injured person was aware of the risk. A recent landmark High Court case discussed the meaning of obvious risk.

Emily Tapp was left a paraplegic after she fell off her horse during a campdraft competition. Being left as a paraplegic after she fell off her horse during a campdraft was Emily Tapp’s fate. Campdrafting involves mustering cattle at high speed in an arena. Consequently, participants show control over both the horse and cattle. Ms. Tapp was an experienced rider. Unfortunately, the arena surface deteriorated and became slippery. This caused her horse to fall. She sustained a serious spinal injury.

Ms Tapp sued the Australian Bushmen’s Campdraft and Rodeo Association alleging they were negligent and sought damages for her injury. The NSW Supreme Court dismissed Ms. Tapp’s case in 2019, and the NSW Court of Appeal upheld that decision.That court made a finding that the fall was an obvious risk arising from a dangerous recreational activity as defined in the legislation.

Despite that ruling, Ms Tapp successfully appealed to the High Court who found the defendant breached their duty of care and awarded her $6.75 million in damages.

If you have been injured in a recreational or sporting event, you can claim compensation damages for pain and suffering, lost income, medical expenses, and domestic assistance.

Know your legal rights and get in touch with us at Whitelaw McDonald for an informal no obligation chat. Call us today at our Central Coast office (02) 4343 7000 or Newcastle office (02) 4941 8999.  However, strict time limits apply when making a claim for compensation so seek legal advice as soon as possible.