Public liability
I’m concerned at the $5.6 million payout to a man who suffered spinal injury after diving into the Murray River near Cobram. The Herald-Sun gives a concise factual report here.
These types of payouts impact on insurance premiums for local government and community organisations. The case appears to have been decided on the basis that there were no warning signs at the site.
The Murray River is 2530km long and it’s impossible to place warning signs at all the places where people might like to swim.
I sympathise with the man’s medical plight and personal tragedy, but he chose to dive into the river and should accept responsibility for his actions. The community will suffer financially by supporting him through Medicare and welfare. The community will now suffer more through higher insurance premiums.
People who injure themselves in public places shouldn’t be able to sue for these large amounts of money.
The other interesting aspect of this case is the liability of Berrigan Shire Council and the NSW Forestry Commission.
NSW has legal jurisdiction over the Murray River up to the high-water mark on the Victorian side. That means if someone jumps into the river on the Victorian side and hurts themselves, the authorities in NSW are liable.
However, it hardly seems fair or practical for NSW authorities to be held accountable for the absence of warning signs on the Victorian side of the river.
I'm a 41-year-old father of four working as a newspaper editor at Mount Gambier in South Australia.
