Is skydiving a “dangerous recreational activity”? Most (but for the daredevils among us!) would give a resounding yes! But what does that mean, when it comes to the liability of a skydiving instructor, when things go wrong?
The law in NSW states that there is no liability for injuries which are suffered as a result of the materialisation of an “obvious risk” of a “dangerous recreational activity”. A recreational activity which involves a significant risk of physical harm is considered to be a “dangerous recreational activity”. This would certainly include an activity such as skydiving.
In a recent case in Victoria (where similar laws apply), a woman who fractured her spine after a heavy landing from a tandem skydive, was unsuccessful in her proceedings against the skydiving operator. The woman alleged that her injuries were the result of the failure of the skydiving instructor to exercise reasonable skill and care in the dive. The Court disagreed, finding that “a particular, localised and isolated downdraft” had occurred at the time of the landing, which was an unfortunate random event which had resulted in the injuries.
The Court had also considered whether the waiver signed by the skydiver had formed part of the contract between the woman and the operator. The Court found that it did not, and therefore the waiver did not apply.
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