Basic HTML Version
16 • Touchline • Issue 15
FAILURE TO WARN CREATES A
SLIPPERY LIABILITY SLOPE FOR
RESORT OPERATOR
he recent decision of Perisher
Blue Pty Ltd Limited v Harris
[2013] NSWCA 38 (Harris)
highlights the heightened
responsibility of recreational sports
operators to identify and secure hazards
in areas under their control and intended
to be used by beginners to the sport.
In Harris the plaintiff was participating
in a ski lesson whilst on a school trip
when he was seriously injured after
failing to negotiate an unmarked and
unbarricaded ditch on the beginners’
slope. The plaintiff had lost control at the
time of the accident.
The plaintiff sued the ski resort and his
school. The court found both defendants
liable for the injuries sustained by the
plaintiff. However, the ski resort was
required to indemnify the school in
respect of its whole liability to the
plaintiff on the basis that the resort was
responsible for identifying hazards and
protecting skiers from them.
T
James McIntyre, Special
Counsel, and Kristie
Swainston, Solicitor
with DLA Piper
Australia explore the
recent court decision
regarding a novice
skier and the impact
it has on ski slope
owners and operators.
For all your golfing news visit
NEW ADDRESS...
STILL THE HOME
OF AUSTRALIAN GOLF
7458_Magazine_advert_190mmx130mm_final.indd 1
10/05/13 1:48 PM
LEGAL FOCUS: