Obvious Risk: A Man Claims Compensation After Falling Down a Stairwell At a Sydney Ice Rink

Regardless of whether a person is clumsy or has a skewed view of their own skills there are times in life when accidents and injuries happen that could be, in a court of law, deemed a result of obvious risk. Take, for instance, the case of Moor v Liverpool Catholic Club, an ice skating rink in Sydney where Moor’s lawyer argued that he was entitled to compensation for his injuries.

Compensation

Image sourced from Shutterstock

The basic facts of the questioned incident are that Moor was wearing a pair of ice skating boots as he was about to begin skating. As Moor began to descend the stairs down to the ice rink he lost his footing and fell, fracturing his right ankle. The question that was then raised was is falling an obvious or inherent risk that comes with walking down stairs in ice skating boots.

When it came to working out whether walking down those stairs in ice skating boots was an obvious risk it was brought to the court’s attention that there was no warning or suggestion present from the actual club that doing such a thing would be dangerous. It was furthered argued that the fall wasn’t an obvious risk because CCTV footage showed that Moor wasn’t acting in a way that would’ve lead to a fall or injury, i.e. he was carefully walking down the stairs.

It might seem like an obvious risk to someone else that walking down a flight of stairs in a pair of shoes that aren’t made for walking could easily end badly, but the key to Moor receiving compensation was that the club hadn’t provided any warning or information to suggest that such a practice was dangerous. In the end, Moor received over $100,000 in compensation.

For information on achieving a successful compensation claim, see Being Honest to Get the Best Results: What You Need to Know About Workers Compensation.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s