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Liability
- Determine the Obvious Risks
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RECOMMENDED SERVICE PROVIDERS
BCiB recommend the following service providers based on their knowledge, service
and experience – we do not receive any “kickbacks”, fees or commissions from
these providers.
Our only interest in recommending their services is in providing information
for our clients in order to assist you with risk management processes or other
needs.
PLEASE NOTE THAT MOST OF THESE PROVIDERS WILL SERVICE ALL AREAS OF NSW. Clubs
outside of NSW may enquire.
Insurance Valuations
Ken Gentle & Associates
Phone 02 9554 4144 or 0418 272 509
Andrew Nock
Phone: 02 9262 1533
valuers@andrewnock.com.au
OH&S, Workplace Risk Assessment, Emergency Management
and Training (including Fire Safety)
Gaye Cameron & Associates
P O Box 57
OATLEY NSW 2223
Phone: 0417 498 671 or 0407 401 597
Fax: (02) 9579 5076
http://www.gayecameron.com.au
Crime Prevention Assessment & Training (Armed Robbery, Theft, Alcohol
related crime)
Michelle Weidenhofer
CHD Partners
PO Box 952
Newtown NSW 2042
Mob: 0401 870 117
michelle@chdpartners.com.au
http://www.chdpartners.com.au
Website Development & Maintenance
Sharon Collier
21 Carabella Road
CARINGBAH NSW 2229
sharon@ohso.com.au
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LIABILITY – DETERMINING OBVIOUS RISKS
One of the changes made in the reform of negligence laws a few years ago was
to allow obviousness of the risk to be taken into account for defendants who
were alleged to have breached their duty of care to a claimant.
This would mean, for example, that if a trip or slip hazard is obvious, it should
be fixed. Similarly, if there is inherent danger in an activity, you choose to
undertake it knowing of the obvious risks involved.
So how do you determine if you will be held liable and what is an obvious risk?
Good question! These recent court cases probably won’t help you answer that question:
CASE 1
A 13-yr old girl is hit by two cars as she attempts to cross a busy freeway.
She sues the RTA for damages. The RTA own the road. It is blocked on one side
by a 2-metre high fence and the other by a 2-metre high concrete wall. However,
about 25,000 people every year cross the freeway at this point because they have
made themselves a hole in the fence and the concrete barrier. The court held
that the RTA should have been aware of the damage to the structures and that
this area was used frequently to cross the road, and so should have done something
about it. The court found the RTA to be negligent, but reduced the payout to
the girl as they also found she should have been aware of the risk of the busy
road.
CASE 2
A woman tripped on a rope tied between two posts and hanging about 10cm from
the ground at the local soccer ground. The rope had been placed there by the
soccer club to prevent cars from crossing the area. The rope was obscured by
cars parked in front of it and she tripped and injured her back as she rushed
her young son to his game. The court found the soccer club negligent, as in placing
the rope in an area it knew would be used by parents taking their kids to the
ground, it had created a new risk in trying to reduce another risk.
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