What Is A “Dangerous Recreational Activity”?
Under Queensland law, if you are injured whilst participating in a “dangerous recreational activity” you may be disentitled from bringing an action to recover compensation for that injury if it has been caused by the materialisation of an obvious risk inherent in that activity.
In Queensland, a “dangerous recreational activity” is one that involves a significant degree of risk of suffering physical harm.
Is A Dangerous Recreational Activity The Same In Other States?
Similar laws also operate in the other States of Australia and there have been a number of Court decisions on the issue of what constitutes a “dangerous recreational activity” since these laws have come into operation.
In particular, we have seen a number of determinations on the issue in New South Wales. Under New South Wales legislation, the definition of a “dangerous recreational activity” is defined in their legislation under section 5K as one involving a significant risk of harm.
To Date The Courts Have Considered The Following To Be Dangerous Recreational Activities:
- Diving into an uncertain depth of water off a wall;
- Kangaroo shooting at night;
- Riding a BMX bike in a skate park;
- Learning to fly light aircraft;
- Doing a backflip from a rope connected to a tree into the water
The Courts Have Held That The Following Activities Are Not Dangerous Recreational Activities:
- Playing an Oztag Touch Football game;
- Calm water cruising;
- Snow skiing for the first time and failing to negotiate a ditch at the end of the slope;
- Participating in a work retreat with physical challenges including a leap of faith (i.e jumping from a platform to a trapeze bar at seven to eight metres above ground whilst harnessed);
- Alighting from the wing of a vintage aircraft.
If you are uncertain where you stand, visit www.sgcl.com.au for a free, no-obligation assessment.