Walking along a jetty, swimming at a beach or in a pool, snow and surf skiing, boating, dolphin and whale watching, and going on theme park rides are all enjoyable holiday activities.
No one gives a thought about suffering a serious injury, but injuries happen every day. And when they do, apart from the pain and suffering there are hospital, medical and physio expenses, there is time off work and the cost of carers and helpers.
Who pays for these? Or more to the point, can you recover these expenses and costs from the owner of the place, such as the Council, or the operator of the activity?
The first answer lies in the Civil Liability Laws. The second answer lies in the fine print that the Laws allow the owner or operator to exclude liability.
The image at the top is the new sign Coffs Harbour Council has placed at the entry to its famous jetty which contains many warnings.
The sign was put up after the Council lost a NSW Court of Appeal case where it was ordered to pay more than $500,000 because its previous sign was not clear enough. That explains the legalese in the wording!
But in most cases, the sign or warning is clear enough and the Council or operator is not liable.