Injury in a recreational activity or sporting event

19 April 2022

Have you been injured in a recreational activity or a sporting event.  If so after a recent High Court judgement you may be entitled to make a claim for compensation.

 

Emily Tapp was left a paraplegic after a fall in a bush horse riding competition.  She fell off a horse during a campdraft competition and she sued the Australian Bushments Campdraft and Rodeo Association for negligence after her horse fell on slippery ground.   In 2019 the NSW Supreme Court dismissed Ms Tapps` case and that decision was upheld on Appeal by the NSW Court of Appeal.   That Court made a finding that the fall was an obvious risk during a dangerous sport like campdrafting which involved horseriders working cattle.

 

Ms Tapp appealed to the High Court and that appeal was successful.  The Court held that the organisers breached their duty of care and should have stopped the event when four competitors fell off their horse before Ms Tapp did.   The Court found that the slippery ground substantially increased the risk of injury, and the potential for catastrophic injury was foreseeable.  She was awarded $6.75 million dollars.

 

If you have been injured in a recreational activity or sporting event you may be entitled to make a claim for compensation.  Such a claim may include pain and suffering, past and future loss of income, past and future medical expenses and other necessities in life. 

 

If you want to know your legal rights and where you stand please feel free to contact Peter Moore from Whitelaw McDonald Solicitors for an informal no obligation free chat on 4941-8999.  It is important to remember strict time limits apply when making a claim for compensation so you should seek legal advice at the earliest possible time.

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