Legal Defense for Personal Injury Suffered from Obvious Risks of Dangerous Recreational Activities

This article discusses the legal defense for personal injury suffered from obvious risks of dangerous recreational activities. It analyzes a case where a cyclist was injured while cycling without safety features, and the driver was driving within the stipulated speed limits. The article concludes that the driver has legal defense based on the Civil Liability Act 2003, Section 19.

Business Law

Facts of the Case
Sarah is driving within the stipulated speed limits in Brisbane; at the same time, Jason is cycling in
the dark but without any safety or visibility features as required by law. In the process, Sarah
happens to knock Jason and Jason suffers personal injury. The issue to tackle from a legal
perspective is if Sarah has any form of legal defense against any litigation that Jason may take
against her; in this case Sarah becomes the defendant and Jason the plaintiff.
Synopsis
The law requires that a cyclist cycling in adverse weather or at night must not only obey traffic
laws, but also have additional safety features that include having working front and rear lights as
well as having a reflector to increase their visibility. In the context of Queensland Road Rules, a
bicycle is treated as a vehicle and as such, must obey all road rules just like vehicles are required to.
Cyclists are liable for fines if they break road rules; among the road rules applicable to cyclists in
Brisbane (QLD) include the requirement to wear a helmet and if riding in adverse weather or at
night, must have at least one red reflector on the rear of the bicycle. In addition, the cyclist must
have a red flashing light at the bicycle rear or a steady light, as well as have a headlight (Go To
Court Pty Ltd, 2018).
Case Analysis
Jason was cycling without following the set rules and regulations for QLD while cycling at night
while Sarah was driving within the stipulated speed limits. In this case, Jason was already breaking
the law and in the event of litigation, Sarah will have legal defense based on the Civil Liability Act
2003, Section 19 which stipulates that there is no liability for injuries suffered from obvious risk
emanating from dangerous recreational activities. The subsection of the act clearly states that a
person is not liable due to negligence for harm suffered by another party or person due to the
materialization of a risk that is obvious of a dangerous recreational activity that the person suffering
harm engaged in. the section applies in case, even if the person suffering the harm was aware or not
aware of the risk (Queensland Government, 2011). By cycling at night, Jason was engaged in a
dangerous recreational activity and there was the obvious risk that cycling at night without any
safety features, including reflectors, a flashing light (all in the rear), and working headlights was
exposing him to a grave but obvious risk (Queensland Government, 2019).
An obvious risk I this case is cycling in the dark without any safety features; would Sarah be liable
for injury caused to Jason because Jason was ignorant (not aware of the obvious risk)? The answer
is NO; The law as stipulated in the Civil Liability Act 2003 Section 19 (2) does not excuse the
victim based on not being aware of the risk they were exposing themselves to (Queensland
Consolidated Acts, 2019). The other issue is to define what an obvious risk is; According to the
Civil Liability Act 2003 section 13, obvious risk to any person suffering harm is that, under the

circumstances, the risk would have been obvious to a reasonable individual in a similar position to
the person suffering harm. Obvious risks, under subsection 13 of the Civil Liability Act, include
risks that are a matter or common knowledge or that are patent (Queensland Consolidated Acts 2,
2019). The subsection further clarifies that the risk of something happening remains an obvious
risk, even if the probability of it occurring is low. To remove doubts, the subsection also states that
it is declared that risks fro anything, including living things, is not an obvious risk if the risk comes
about because of failure of a person to properly maintain, operate, replace, or care for a thing,
unless if the failure in the thing is itself an obvious risk (Queensland Consolidated Acts 2, 2019).
Conclusion
Jason created an obvious risk to himself and other road users by not ensuring he had the right safety
features (reflector and lights/ flashing lights) on his bicycle. He went further to continue cycling at
night, knowing very well there is an obvious risk of not being visible. Even if he was not aware of
this obvious risk, any reasonable person in a similar position would see that as a risk. Therefore,
Sarah is not liable for the harm suffered by Jason and can comfortably apply the Civil Liability Act
2003 Subsection 19 as legal defense..and win.

References
Go To Court Pty Ltd (2018). Road Rules and Cyclists (Qld) - Go To Court Lawyers. [online]
Gotocourt.com.au. Available at: https://www.gotocourt.com.au/traffic-law/qld/road-rules-cyclists/
[Accessed 20 May 2019].
Queensland Consolidated Acts (2019). Civil Liability Act 2003 - SECT 19No liability for personal
injury suffered from obvious risks of dangerous recreational activities. [online]
Www6.austlii.edu.au. Available at:
http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/cla2003161/s19.html [Accessed
20 May 2019].
Queensland Consolidated Acts 2 (2019). Civil Liability Act 2003 - Section 13Meaning of obvious
risk. [online] Www6.austlii.edu.au. Available at:
http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/cla2003161/
s13.html#obvious_risk [Accessed 20 May 2019].
Queensland Government (2011). Queensland Road Rules for cyclists. [online] Mypolice.qld.gov.au.
Available at:
https://mypolice.qld.gov.au/maryborough/files/2013/03/Queensland_road_rules_cyclists_brochure.p
df [Accessed 20 May 2019].
Queensland Government (2019). Bicycle road rules and safety | Transport and motoring. [online]
Qld.gov.au. Available at: https://www.qld.gov.au/transport/safety/rules/wheeled-devices/bicycle
[Accessed 20 May 2019].