Alameddine was injured on a quad bike when she lost control after she accelerated and fell sustaining injuries.
Alameddine’s mother had booked and paid for the quad biking riding online the day before, the website had a statement that quad biking is ‘awesome fun and surprisingly easy’.
However when you get to the riding park you are asked (after you’ve already booked and paid) on arrival to sign a form with a waiver that you agree quad biking is a dangerous recreational activity under the Civil Liability Act 2002.
A warning sign ‘quad biking is an inherently dangerous activity’ is on display.
HELD : Enter judgment for the appellant in the sum of $136,075.
The Court was considered that Alameddine’s mother at the time of paying there was no clear warning prior of the dangers, a reasonable person in the position would not have been aware of the risks of quad biking going by their website advertising.
What does it mean for you :
If you have been injured in similar circumstances and refused damages payout because you knew of the risk, you may still be able to claim if you were not informed at the time of payment.
If you run a business with recreational activities make sure your customer has been made aware of risks well in advance. If done online perhaps have them agree to a terms and conditions page which really highlights risk in bold headlines.
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