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Chockstone Forum - General Discussion

General Climbing Discussion

Topic Date User
hanging rock access 25-Feb-2014 At 4:28:57 PM sbm
Message
Hmm I've just done a little reading on public liability in Australia. This was interesting

http://www.findlaw.com.au/articles/1918/the-nsw-civil-liability-act-and-community-particip.aspx

"Section 5L [of the NSW Civil Liability Act] provides a complete exclusion of liability if an obvious risk inherent in a dangerous recreational activity materialises and causes harm. This exclusion applies whether or not the injured person was aware of the risk."

Seems to me the main fear over litigation for rock climbing is that there simply isn't any precedent. If there was one case where e.g. the risk of an individual bolt failing was ruled to be "an obvious risk" (which it is) and the landowner/defendant won, insuring for climbing related liability would be a lot less unattractive.

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