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Chockstone Forum - General Discussion

General Climbing Discussion

Topic Date User
Extreme sports and kids... 22-May-2015 At 11:07:13 AM patto
Message
That is alot of text Wendy. It has little to do with the actual law.

A person can be held liable for their negligence towards others. They don't need to be licensed, they don't need to be paid, they don't need to be a professional. If you are overtly negligent in a recreational activity and cause harm to others then you can be held liable.

On 22/05/2015 Wendy wrote:
> When I get on the horse,
>it should be pretty obvious I could be thrown off the horse. But what if
>it is a particularly volatile horse? How am I supposed to know that? Should
>I have asked? Is there a duty of care to tell me this is a jumpy horse?
>I mean, I would, as a sensible person, tell someone that sort of thing.
>But is it legally necessary?
YES. If the owner/trainer/stablehand is awe that the horse is a "jumpy horse" but fails to inform you then they may be held liable. Many owners and trainers have been sued for such things.
http://www.abc.net.au/news/2015-04-24/newcastle-stable-hand-awarded-damages-payout-over-horse-fall/6419190

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