News

Tourist who broke spine running down dunes to get payout

Lake Wabby at Fraser Island.
Lake Wabby at Fraser Island. Robyne Cuerel

THE risk of running down a sand dune at Lake Wabby was "not obvious" to a tourist who became a tetraplegic after an accident, the Court of Appeal has ruled.

The State Government has lost its appeal to reject or reduce the damages awarded to an Irish tourist who broke his neck at the Fraser Island site in September, 2007.

Evan Joseph Kelly will get a payout after suing the government when he fell while running into the water from the sand dunes at Lake Wabby, landing headfirst and breaking his spine.

The accident left Mr Kelly a tetraplegic.

In the original case, Justice Duncan McMeekin found the State Government breached its duty of care in not providing better warnings about dangers inherent to the lake although there had been 18 incidents there in 17 years.

Although there were two signs warning visitors not to run on the dunes or dive into the water, Justice McMeekin ruled the government had not done enough to avoid legal responsibility for the tourist's injuries.

Court of Appeal judge Justice Anthe Philippides agreed with the original finding that "the risk of serious injury from an accident caused by running down the sand dune into the lake, was not a risk that in the circumstances would have been obvious to a reasonable person in the position of the respondent".

Justice James Henry also found the original judgment was sound, saying "sandy slopes and water present as apparently forgiving surfaces on or in which to fall."

Justice McMeekin had awarded damages for contributory negligence at 85% of the financial damages, which was upheld.

The appeal was dismissed with costs.

>>Read about how leniency requests to judges and magistrates are no longer permitted

Topics:  court court of appeal editors picks fraser island irish lake wabby payout sand dunes tourist



Maryborough forecast to break January record temp

Generic hot weather photo.

The last time a record was broken was in January 1995.

TOP JOB: Teen to host event to help fight cancer

Luke Strochnetter, Kay Nixon and Charmaine Bailey at last year's Relay for Life in Hervey Bay.

A Hervey Bay teen is doing his bit in the fight against cancer.

Disability access mats rolled out on Torquay Beach

Cameron D'Amico was one of the first to officially trial the Mobi-Mat beach access mat on Monday morning, with the structure soon to be a permanent part of the Fraser Coast.

The mats were officially trialled on Monday by support workers.

Local Partners

Teen starts gofundme page to get to barrel racing worlds

RYLEY Burke may only be 15-years-old but that isn't stopping the teenager and his horses Rebel and Spin from working hard to live his dreams.


What's on: 11 gigs coming up at the Brolga

Xavier Rudd will be performing a benefit concert at the Brolga Theatre on January 21.

There's a gig for everyone with lots happening in coming months.

Why platinum selling Xavier Rudd won't charge to play M'boro

Australian singer songwriter Xavier Rudd at Bluesfest 2015

All funds raised at the show will go towards community support.

Donate unused items to help fight against breast cancer

The Mini-Field of Women is a tribute to all those affected by breast cancer in the community.

Hervey Bay man will host garage sale for Breast Cancer Association.

REVIEW: Undressed is more than titilating entertainment

Nathan and Tahlia meet for the first time on the TV series Undressed.

'DIVERSE' dating show goes more than skin deep.

Will there be a Game of Thrones spin-off?

Emilia Clarke and Peter Dinklage in a scene from season six episode 10 of Game of Thrones.

HBO’S original programming president has teased fans.

Ed Sheeran's intimate gigs down under

Singer Ed Sheeran

CHART-topper playing invite-only shows in Australia next month.

Eddie McGuire's scandal-free focus and new-look Hot Seat

Eddie McGuire hosts the new Millionaire Hot Seat Super Game.

HOST wants out of the hot seat himself to focus on game show revamp.

Embattled Amber Sherlock back on TV after leaked video

Amber Sherlock seems to have brushed off the leaked video

Read Kim Kardashian's terrifying statement on robbery

“The individual with ski goggles rips out my BlackBerry phone.”

Historical home leaves family's hands after 75 years

SALE CONFIRMED: The Gympie Regional   Realty team which sold the Ramsey property are (back) Mel Gastigar, Dorothy Palmer and Margaret Cochrane, with (front) home seller Terri-Jayne Ramsey.

Ramsey family played a huge role in Gympie's growth.

What a year 2016 proved to be

Entrance Island, Birtinya

Get the inside info from the agents themselves

REVEALED: What Coast wants in an international airport

Sunshine Coast business people share their views on what's needed

Time for a cool change

43 Eckersley Ave, Buderim.

Family home goes to the auction floor

Designer home set in lush tropical gardens

This home has it all and more

Ready to SELL your property?

Post Your Ad Here!