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



How to survive a bushfire in your car

IT SOUNDS like a nightmare, but it can happen.

Eight reasons to join the RFS

SPREAD across 93% of Queensland, the Rural Fire Service has about 36,000 volunteers. And you could be one of them.

What if my insurer gives me grief?

CLAIMING your insurance cover after a natural disaster can go one of two ways. It can be a breeze, or like pulling teeth.

OUR SAY: $8 million revamp exactly what we needed to hear

Maryborough Central on the block of Alice, Richmond, Bazaar and Albert Sts, is receiving a major refurbishment.Photo Boni Holmes / Maryborough Herald

This is exactly what Maryborough needs.

Four people killed in region over horror weekend

TRAGIC: Toowoomba man Scott Stallman, with wife Monique, was one of four killed in our region at the weekend.

Police warn to take care on the road in the lead up to Christmas

Stolen car: have you seen this silver Camry?

Have you seen this Camry?

Have you seen this silver camry?

Local Partners

Seacrest: Things are "going better" for Kim and Kanye

Ryan Seacrest says things are "going better now" for Kanye West

Jonah Hill involved in a car accident

Jonah Hill was involved in a car crash on Saturday

Katie Holmes' empowering directorial debut

Katie Holmes

KATIE Holmes as made her directorial debut

Jennifer Lawrence gives keys to new partner

Oscar winner Jennifer Lawrence

Oscar winner settling down with new partner

Rogue One star proud to lead new Star Wars film

Felicity Jones leads the new Star Wars film

Star Wars lead proud to be in front in sci-fi

What's on the small screen this week

Ernie Dingo stars in the TV series Going Places with Ernie Dingo.

ERNIE Dingo stars in a new travel series and Seven airs the AACTAs.

Prices jump in trio of mining towns

THE boost in coal prices in the past six months has triggered a house price jump in at least three mining towns in Central Queensland.

Boost in coal prices triggers a market turnaround

INSIDE STORY: Disused pipeline stops hundreds from building

TRAIL OF TEARS: Route of the disused Santos oil pipeline which is stopping hundreds of Ipswich residents from building.

Santos responds but Tully says easements issue must be addressed

Chinese locked out of Australian property market

The rules are different if you're a foreigner

The buyer was from China - the trouble started right there

Morrison signs off on new affordable rental model

Australia's Treasurer Scott Morrison speaks during a press conference after a meeting of the Council of Federal Financial Relations at Parliament House in Canberra, Friday, Dec. 2, 2016.

Scott Morrison signed off on development of a new financing model

Coast high-flyer's fight back from bankruptcy, $72m debt

Scott Juniper went from millionaire developer to declaring bankruptcy in2012, now he is back on top of his game again with new developments including this one in Coolum.

'Apocalyptic lending storm' causes financial collapse.

Ready to SELL your property?

Post Your Ad Here!