Heil v Suncoast Fitness

[1998] QCA 419

Queensland Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Breach of duty of care
4. › Standard of care
5. › Whether failure to warn or instruct constituted breach
6. › Whether omission unreasonable where risk arose from third party's reckless conduct
7. › Organised recreational activity on shared public path
1. Tort
2. › Breach of statutory duty
3. › Whether offence-creating provision gives rise to civil cause of action
4. › Factors relevant to inference of private right of action
5. › Generality of duty
6. › Class of persons protected
7. › Nature of conduct prescribed
8. › Workplace Health and Safety Act 1989 (Qld), s 10

Quick Take

Section 10 of the Workplace Health and Safety Act 1989 (Qld) does not give rise to a civil cause of action for its breach, distinguishing it from s 9(1) of the same Act which was conceded to create such a right in Rogers v Brambles. The leader of an organised recreational walking group on a shared public path is not negligent in failing to give instructions to participants about avoiding collision with cyclists, where the risk arises from the reckless conduct of a third party and the ordinary expectation is that cyclists will exercise some care.