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State of Queensland v Kelly - [2014] QCA 27

State of Queensland v Kelly
[2014] QCA 27; [2015] 1 Qd R 577
Bench: Fraser JA and Philippides and Henry JJ
Catchwords: TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – GENERALLY – where the respondent suffered injuries when he ran down a sand dune and fell into Lake Wabby on Fraser Island – where the respondent was shown an orientation video about Fraser Island by his tour company – where serious injuries had occurred at the lake in the past – where the respondent passed two signs warning of dangers associated with the lake and sand dunes – where the trial judge found the appellant negligent – where the appellant argued the risk of injury was an “obvious risk” within the meaning of s 13 of the Civil Liability Act 2003 (Qld) – whether the risk of serious injury which materialised was an “obvious risk”– whether and in what way the warning signs should be considered in determining whether the risk was an obvious risk TORTS – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – GENERALLY – where the respondent was an Irish tourist – where the respondent failed to study the warning signs closely – where the respondent had previously and repeatedly engaged in the activity without injury – whether the trial judge erred by making an insufficient reduction of damages to account for contributory negligence
Cited by: 11 cases
Legislation cited: 1 provisions
Cases cited: 17 cases