Personnal damages claims againts bushwalking clubs

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Personnal damages claims againts bushwalking clubs

Postby mikethepike » Fri 09 Aug, 2019 9:46 pm

Can anyone please tell me if they know of a single instance where an aggrieved bushwalking party member has sued, successfully or otherwise, either private persons or his own walking club or its federation, for injury or losses suffered during a walk and where these have been attributed in whole or part to gross incompetence or failure to demonstrate due diligence etc by the club or the group leader during the planning and conduct of a walk. As far as I am aware, bushwalking clubs are insured against third parry claims but not against claims of the sort outlined above. Thanks for you interest and I hope to hear something back on this.
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Re: Personnal damages claims againts bushwalking clubs

Postby ILUVSWTAS » Sat 10 Aug, 2019 5:49 am

Unless has club has done something totally negligent placing a person in harm, I really hope this has never happened. People go walking knowing the risks and in my experience you are asked to sign waivers acknowledging this when you join a club.
Nothing to see here.
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Re: Personnal damages claims againts bushwalking clubs

Postby Xplora » Sat 10 Aug, 2019 6:51 am

Call the experts
https://advicelineinjurylawyers.com.au/ ... -business/

They may be able to tell you figures from their own firm.
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Re: Personnal damages claims againts bushwalking clubs

Postby ILUVSWTAS » Sat 10 Aug, 2019 7:06 am

Nothing to see here.
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Re: Personnal damages claims againts bushwalking clubs

Postby michael_p » Sat 10 Aug, 2019 9:43 am

I'm no law talking dude so my understanding is limited. Laws vary from state to state. You need to research the law for the relevant state.

Michael.
Last edited by michael_p on Sat 10 Aug, 2019 11:33 am, edited 1 time in total.
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Re: Personnal damages claims againts bushwalking clubs

Postby trekker76 » Sat 10 Aug, 2019 10:14 am

Havent heard of it happening to Bushwalking clubs, have seen it happen recently to an outdoors getaway/van park up here. Some people accessing an area they shouldn't have been in, injured themselves and sued.
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Re: Personnal damages claims againts bushwalking clubs

Postby rcaffin » Sat 10 Aug, 2019 7:48 pm

I am not aware of any claims against a Bushwalking Club which is a member of BushwalkingNSW (formerly the Confederation of Bushwalking Clubs NSW). Well, no successful ones, anyhow.

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(former Editor of the quarterly magazine of BushwalkingNSW).
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Re: Personnal damages claims againts bushwalking clubs

Postby Gadgetgeek » Sun 11 Aug, 2019 9:07 am

I've not heard of it in a recreational setting, I think there have been a couple cases that involved educational settings, as there is a higher duty of care, and the errors made were egregious. But I don't recall that many. I recall hearing of a canyon walk that suffered a flash flood, and I believe there was a resultant lawsuit. I would say that the info would be available from any of the state peak bodies, but I don't know how easily shared it is.
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Re: Personnal damages claims againts bushwalking clubs

Postby Osik » Mon 12 Aug, 2019 3:51 pm

Hi Mike
I'm not aware of a single instance involving a bushwalking club though it's been a couple of years since I've done any personal injury work. In most of the states the Civil Liability Acts would prevent someone being able to sue where there are obvious risks, the injured person knowingly engaged in a dangerous recreational activity, or suitable warnings were given to the injured party.

To reach the 'gross' negligence that might give rise to liability is a pretty high bar in a recreational (not educational) setting. If your question is a hypothetical, perhaps it might be helpful to give some examples of the situations that you are interested in, if something's actually happened - may be worth getting advice from real life & not the internet!
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Re: Personnal damages claims againts bushwalking clubs

Postby mikethepike » Mon 19 Aug, 2019 12:36 pm

Thank you everyone for your responses to this matter I raised and apologies for my late response. And thank you osik with comments backed with your obvious legal background. No, my question wasn't entirely academic as I have some association with a bushwalking club that has expressed a fear that it might one day face being sued by one of its members for loss or damages arising from incompetent leadership or whatever and which is not covered by its third person insurance policy. Everyone entering a rogaine signs a disclaimer form designed to cover the association against this type of claim but I'm not sure of the situation in bushwalking clubs eg whether or not new members sign such a disclaimer on joining. What you've told me pretty much backs my own thoughts on the matter. Once again, thanks. Mike
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Re: Personnal damages claims againts bushwalking clubs

Postby tom_brennan » Tue 20 Aug, 2019 4:58 pm

See http://www.bushwalkingnsw.org.au/risk-management/ for Bushwalking NSW risk management guidelines for affiliated clubs.

Certainly the expectation is that every walker will at minimum have signed a disclaimer - either on joining, or on each activity.
Bushwalking NSW - http://bushwalkingnsw.com
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