Carter Capner Lawyers

O’Connor v Brisbane City Council [2013] QDC 137
The Brisbane City Council has failed in its Civil Liability Act bid to hold out a fitness rider from injury damages after he was thrown from his bike on encountering unfinished bitumen resurfacing on a suburban bayside thoroughfare. The council argued every conceivable CLA point including – whilst still keeping a straight face – that exercise riding is a “dangerous recreational activity” for which under CLA section 19, it had no injury liability for the stack because it was an “obvious risk.”

 

Reproduced with permission of  Carter Capner Lawyers and in accordance with their terms of use. 

 

David Cormack – Brisbane Barrister.

 

 

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