NEGLIGENCE - cyclist fell from timber bridge and was injured when wheel of bicycle became stuck in gap between planks - duty of care - relevance of funding constraints - Civil Liability Act 2002, s 42 - whether duty to warn owed - whether risk obvious - Civil Liability Act, ss 5F, G & H
NEGLIGENCE - liability - whether organised long distance charity ride a dangerous recreational activity - Civil Liability Act, s 5L - immunity of roads authorities under Civil Liability Act, s 45 - whether installation of sign constitutes "road work" - whether roads authority had actual knowledge of particular risk - exercise of special statutory power - Civil Liability Act, s 43A
replacing individual planks - guardrails or fencing - erecting warning sign - negligent inspection - whether exercise of reasonable care would have required defect to have been acted upon - funding constraints - Civil Liability Act, ss 5B, 5C & 42.
Case Details
Citation[2013] NSWSC 1682
CourtNSWSC
JurisdictionNew South Wales
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