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Chockstone Forum - Accidents & Injuries

Report Accidents and Injuries

Topic Date User
Werribee Gorge Accident 9-May-2006 At 6:37:37 PM ronny
Message
Before anyone gets too carried away with this, there's much more information to be had. For example, maybe he did have insurance of some type, and his insurance company thinks it can recover some of its expenses from the park. Insurance companies usually have a right to sue in the name of the insured to recover where someone else is responsible for the loss the insured suffered. So the climber in this case might not have anything to do with it.

Also, what you're all really complaining about here must surely be the standard of care that is required of a park. For example, if the park blue-tac-ed some bolt plates onto a choss pile and put up a sign that said 'easy climb this way', surely no-one would complain if someone who hurt themselves as a result sued. Likewise if the park made the handrails out of cardboard or paper-mache. In those situations it would be clear that the park was liable for the loss of the injured person. So the question is merely what damage is the park liable for? Answering that involves striking a balance between the responsibility of land owner/managers for providing appropriate facilities, and the responsibility of visitors to look out for themselves.
You really can't know which way this balances out in this case unless you know all the facts and I'm guessing no one here does.

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