Interesting liability case to watch - rope swing

Eric Frei · 8th December 2011, 08:54 AM

I'll link to the 2 news articles in order.

Basically a rope swing in a gum tree on the river.

Swinging man takes a bad fall and is now quadraplegic.

Case is in court, swinging man admits he's done it for years, admits he likes the buzz, admits he fell awkward, admits he knew of the risk and is also a champion springboard diver.

But the Albury council may be liable for not removing the rope from the tree etc.

This is similar to the case in Sydney area a few years ago where a drunk man went for a swim at the beach, dunked himself (got injured) in a wave, and sued for damages .... it didn't fly thank God.

So what is the precedent set if this case flies?

No more rope swings, no more fun, it's always some-one else's fault etc!! Maybe you have to bring your own rope and set it, will council be responsible for you then? Will council have to be the NANNY for your actions? Come off it, whilst I feel sorry for this guy he knew the risks and took them, especially as he was a diver.

I set up a rope swing in the tree where I live for the kids to play on, maybe the future is fat kids with playstation thumb who grow up to be professional twits (twitterers and facebookers) talking cybertrash.

The 'thrill' of the jump - Local News - News - General - The Border Mail

Streller v Council: River ropes checked - Local News - News - General - The Border Mail

Daniel Janjic · 11th December 2011, 08:11 PM

Quote:

Originally Posted by Eric Frei

who grow up to be professional twits (twitterers and facebookers) talking cybertrash.

I might have a case against facebook for instilling Paranoia in me every time the associated sound goes off on my phone, thinking someone is "potentially" saying something bad about me!!

derwoodii · 12th December 2011, 05:33 PM

We could just use that rope for the vulture parasite lawyers, save all some grief.

Is this misfeasance or nonfeasance and as on the Murray river bank is it not State rather than LG obligations. The burden of proof should live with the plaintiff not the LG or authority.
He will be taken care of our health social system assure that, he just may not profit from his poor luck.

Sorry natural laws have no pity.

KevinE · 12th December 2011, 07:41 PM

We had a very similar case here quite a while back, where a guy had a few drinks & dived off a jetty in very shallow water on the south coast & seriously hurt HIMSELF. Unbelievably, he was only seen as being 20% in the wrong, the council copped it for 80% of his damages for failing to prevent HIS OWN stupidity

8th December 2011, 08:54 AM	#1
Eric Frei Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane Posts: 12,994	Interesting liability case to watch - rope swing I'll link to the 2 news articles in order. Basically a rope swing in a gum tree on the river. Swinging man takes a bad fall and is now quadraplegic. Case is in court, swinging man admits he's done it for years, admits he likes the buzz, admits he fell awkward, admits he knew of the risk and is also a champion springboard diver. But the Albury council may be liable for not removing the rope from the tree etc. This is similar to the case in Sydney area a few years ago where a drunk man went for a swim at the beach, dunked himself (got injured) in a wave, and sued for damages .... it didn't fly thank God. So what is the precedent set if this case flies? No more rope swings, no more fun, it's always some-one else's fault etc!! Maybe you have to bring your own rope and set it, will council be responsible for you then? Will council have to be the NANNY for your actions? Come off it, whilst I feel sorry for this guy he knew the risks and took them, especially as he was a diver. I set up a rope swing in the tree where I live for the kids to play on, maybe the future is fat kids with playstation thumb who grow up to be professional twits (twitterers and facebookers) talking cybertrash. The 'thrill' of the jump - Local News - News - General - The Border Mail Streller v Council: River ropes checked - Local News - News - General - The Border Mail __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Palm and Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

12th December 2011, 05:33 PM	#3
derwoodii Mature tree Join Date: Aug 2010 Location: Melbourne Posts: 406	Re: Interesting liability case to watch - rope swing We could just use that rope for the vulture parasite lawyers, save all some grief. Is this misfeasance or nonfeasance and as on the Murray river bank is it not State rather than LG obligations. The burden of proof should live with the plaintiff not the LG or authority. He will be taken care of our health social system assure that, he just may not profit from his poor luck. Sorry natural laws have no pity. Last edited by derwoodii; 13th December 2011 at 05:31 AM.

12th December 2011, 07:41 PM	#4
KevinE Mature tree Join Date: Jul 2010 Location: Adelaide SA Posts: 292	Re: Interesting liability case to watch - rope swing We had a very similar case here quite a while back, where a guy had a few drinks & dived off a jetty in very shallow water on the south coast & seriously hurt HIMSELF. Unbelievably, he was only seen as being 20% in the wrong, the council copped it for 80% of his damages for failing to prevent HIS OWN stupidity

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