Basic HTML Version
T
he recent New South Wales Court of Appeal decision
in Alameddine v Glenworth Valley Horse Riding
[2015] NSWCA 219 demonstrates the importance of
delivering a warning or completing a release at the time
the contract is formed between the activity provider and
the participant. The infant plaintiff was injured while
riding a quad bike at the defendant’s facility.
The day before the incident, the plaintiff’s mother had
telephoned the defendant’s facility to arrange a quad
bike excursion for herself and seven children (including
the plaintiff) and paid for the activity over the phone
after reviewing the defendant’s website which contained
statements that quad biking was ‘surprisingly easy’ and ‘no
experience is necessary and anyone 12 years and above can
do it’.
When the plaintiff and her family arrived at the park, the
plaintiff’s sister completed an application on the plaintiff’s
behalf. The form included statements that quad biking
was a ‘dangerous recreational activity’ for the purposes
of the Civil Liability Act 2002 (NSW) and that the activity
involved a significant risk of physical harm or personal
injury and that the participant agreed that the defendant
and its employees would not be liable in contract or
tort for any personal injury arising from their own
actions or the actions of ‘others’ in connection with their
participation in the activity.
A sign in the area where the plaintiff’s family were waiting
to commence the activity contained statements that
quad biking was an inherently dangerous activity and the
participants should ride at a speed within their ability and
legal focus
TIMING
IS OF THE
ESSENCE
FOR R I SK WARN I NGS AND WA I VERS