Disclaimers, Consents And
Warnings Continued:.....
The Key Principles
are essentially:
- Warning to the
participant/user must be given where there is latent or hidden,
hazard, the hazard is unknown to the participant and not easily
identified, the entity responsible has actual or constructive knowledge
of the danger and, an invitation has been given to enjoy the
outdoors with the presumption of no hazardous
situations/conditions.
- There is no duty to
warn the participant/user when the danger is open and obvious to
the user, when there is not duty to the person, or the condition
is totally natural. (However, where there is a responsible
authority it may be reasonable in the circumstances for that
authority to give a warning of a danger even where the danger is
open and obvious or where it is totally natural).
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By
Ian Fullagar Rigby Cooke Lawyers You can
contact Rigby Cooke on :-
Telephone (03) 9656 8888
Fax: (03) 9650 9588
or Email: lawyers@rigbycooke.com.au
Winter1998
IEA
has offices in every state. National freecall number 1800 SPORT
1
(1800 77678 1)
Email:info@ieasport.com.au
Disclaimer The information provided in
this Email and on the IEA web-site is to be used as a reference only. IEA accepts no
responsibility for the accuracy of the information or your reliance upon it. The
views of contributors are their own and do not necessarily represent the
views of IEA
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