An exception to liability in negligence exists where a person sustains a personal injury from an obvious risk of engaging in dangerous recreational activities. The New South Wales Supreme Court recently handed down an interesting decision in Goode v Angland[1] which considered this exception and in particular whether professional horseracing was a dangerous recreational activity. His Honour found that professional horseracing fell within the definition of recreational activity required by the exception in s 5L of the Civil Liability Act. Therefore Mr Goode’s injuries were a result of the materialisation of an obvious risk of a dangerous recreational activity. The decision of Harrison J is important as it recognises that the s 5L negligence exception not only applies to sporting activities engaged in for leisure but can also apply to injuries sustained from dangerous professional sporting activities where the risk is obvious.
For more information regarding dangerous recreational activities, read the full article here.
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[1] [2016] NSWSC 1014.
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