WA Personal Injury at a public space..

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JIMMYRECARD

Member
16 October 2020
3
0
1
Hi All,

I have been doing a bit of research on a personal injury matter. I have discussed with a friend the possible legal ramifications of an incident that occurred earlier this year. I have spoken to legal aid/the council/citizens advice at this stage but have not been given anything that helps with the matter.

So for a brief overview of what has taken place.

Earlier this year a bunch of lads attended a barbecue at a local park. Opposite the park is a jetty. Most of these lads are from the BMX community whether that be racing or dirt jumping or other. We had posted on Facebook that we would be attending what we call a jetty jumping session. This involves an old BMX bike a ramp and of course the jetty. Basically it's a run up and then over the ramp into the water. You get the idea. We have had no cause for concern and have actually contacted the Ranger from the relative council. He did not see that there could be any problem with doing this particular activity. Some time into the activity even local police had stopped to see what was happening and were quite impressed. At this point everybody is happy. One Adult person in his 40's, known to us attended the meet up and had proceeded down the jetty on 'his own bicycle' approaching the ramp and jumping into the water. This person is proficient at riding a BMX bike and is known to be an adequate rider the BMX racing community. At the point he had left the ramp this particular person bailed from his bicycle. When he emerged from the water he was a bit shaken. He made his way up the ladder and onto the jetty. It is at this point I realised he had quite a large wound to the back of his leg. We believe this has taken place because of the rear axle on the bicycle had punctured his leg causing the wound. He was losing a fair amount of blood . We administered first aid and this person was taken to hospital. I have heard from a friend that this person has ongoing muscle issues due to the injury.

As concerned citizens we would like to know and understand if it is possible that this person could possibly make a claim against us in anyway. The event was posted on Facebook and no monies were requested or collected for the day. We want to enquire in regards to the provision of the Ramp and or the providing awareness of having such an event could we possibly be liable for an injury claim. Does a Signed waiver hold any true value?

Please note, no claim has been made at this point but knowing the person and has family it could be likely. Any advice would be appreciated.

In all we are looking at protecting ourselves in such circumstances. We have enjoyed the same activity several times without issue and would like to continue doing so.

Regards

Jimmy WA
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
As a general principle, there is no liability
for when things the law calls "obvious risks" actually happen.
The Civil Liability legislation in WA reflects that principle.
 

JIMMYRECARD

Member
16 October 2020
3
0
1
Thank you TIM.

that offers some assurance. I will read up on that. I would have thought that it's a situation that you do so at your own risk. Though I'm also wondering if there are any possible loopholes here. Thank for your input.