PERSONAL

Holiday & Sporting Injuries

More and more frequently we are acting for people injured on holiday, often abroad, in for example road accidents or as a result of defective premises or food poisoning. The team's expertise is crucial in seeking to establish whether such claims for damages can be brought within Australia as if they cannot they can frequently give rise to enormous practical problems. If such a claim has to be pursued abroad, however, we are able to put the individual client in touch, via our network of contacts with expert lawyers within the particular country where the proceedings have to be brought.

It is very important in these situations to try to find independent witnesses, to take photographs and to report what happened to someone in authority.

An ideal example of the inter relationship between sporting and holiday accidents involves skiing. Beyond that some sports such as football and rugby etc involve a degree of physical contact. However, it is well established law that whether on the ski slope or on the football or rugby pitch, one participant owes a duty of care to another. If one participant is negligent, at fault, and steps beyond what is regarded as generally reasonable within eg a contact sport then that person will be liable for injury sustained by another.

Obviously in these situations, the availability of insurance to the liable party is of crucial importance as without this it is often not worth bringing proceedings.