How do I join your club??

[Bloodyaussie]

na Clunk understands he has no rights over there

Adrian wouldn't sue me as he is not a soft c0ck d!ck head..... makes my blood boil when I see people trying it on.

Australia is now leading the way in suing people.

[Irish]

Here's a plane ticket, Malaysian airlines. Lol

Cool, I've been wanting to disappear for a few weeks:-)

[93patrol]

money for nothing,


can't even accomodate for the low common idiot anymore, i am writing up work instructions and every step has to be written like i am talking to a toddler so if they stuff up they can't blame the work blame the overly simplified 100 step instruction on how to wipe your OWN ar$e. world is full of people that refuse to responsible for anything and its just going to get worse

[liftlid]

money for nothing,


can't even accomodate for the low common idiot anymore, i am writing up work instructions and every step has to be written like i am talking to a toddler so if they stuff up they can't blame the work blame the overly simplified 100 step instruction on how to wipe your OWN ar$e. world is full of people that refuse to responsible for anything and its just going to get worse

Make sure you say put paper on hand not the other way around otherwise you'll really be in the ship!

[MudRunnerTD]

Sadly Evil is only too correct but the same is now applying for not advising people that there is an inherent risk. I work in the industry and it is a mine field of legal loop holes and gambits.

What to most of us on here is common sense or lust plain logical is going by the by these days. We are becoming a very litigious country with people looking to blame their stupidity etc on someone else and take no personal responsibility

A recent Supreme court ruling as noted below is a prime example. (sorry this is a bit long)

The State of Queensland requires commercial tour operators to show a video to visitors to Fraser Island which include warnings about the danger of diving into swimming places. Signs on Fraser Island warn visitors of the risk of diving into Lake Wabby and other popular swimming places.

In light of those warnings, many visitors to Lake Wabby enjoy running down the sand dune and jumping, feet first, into the lake. However, this activity also poses risks, including the risk of tripping or slipping on the sand in such a way that the intended feet first jump turns into an unexpected, awkward and dangerous dive into the water. Is that risk 'obvious' or should the State of Queensland warn visitors of the risk, just as it warns visitors of the risk of diving?

State of Queensland v Evan Kelly required a consideration of that very scenario. At first instance, McMeekin J concluded that the State of Queensland had breached its duty of care to Kelly, a visitor to the island, by failing to warn him of that specific risk. In particular, he found that:

* the risk of injury was not an 'obvious risk' as defined by s13 of the CLA;
* the State of Queensland had breached its duty of care by failing to provide adequate and specific warnings about the danger of running down the dunes by way of the safety video and signs; and
* the plaintiff's loss and damage ought to be reduced by 15 percent to account for his contributory negligence.

Court of Appeal

The State of Queensland appealed the decision on the basis that the trial judge:

* erred in finding that the risk of injury was not an 'obvious risk'; and
* made an insufficient reduction of damages for contributory negligence.

The Court of Appeal unanimously held that the trial judge was correct in concluding that the risk of injury that materialised was not an 'obvious risk'.

In deciding whether the risk was 'obvious' and whether there was a breach of duty, the Court of Appeal considered the following:

Whether the warning signs erected by the State of Queensland were relevant in assessing what a reasonable person would do in the circumstances;
Whether there ought to have been more warning signs and the content of the warning signs and video were inadequate because:
* they warned of a risk of injury from 'running and diving' but failed to warn of the risk of simply running down the sand dune;
* they did not effectively communicate the risk of serious injury that materialised; and
* they did not communicate the magnitude of the risk, which was unusually high considering the number of previous serious injuries sustained in that way at Lake Wabby.

Whether the risk was 'obvious' might be influenced by factors including:
* the person's own experience in relation to the activity; in this case, Kelly had run down the sand dune on nine or ten prior occasions without mishap.

The above circumstances justified the trial judge's finding that the risk of injury was not an 'obvious risk' and that the State of Queensland had breached its duty of care.

In relation to contributory negligence, the Court of Appeal concluded that it was open to the trial judge to make a finding on apportionment and a finding of 15 percent was not so unreasonable or unjust as to justify the Court of Appeal substituting a different decision.

interesting but i read this and the glaring difference for me is that the Queensland Govt is the Managing Owner of the of a tourist park being the Fraser Island National Park reserve. They manage it and they must therefore manage the risk.

The same could be argued in Victoria with the Track Classification system, Classify it and the risk should be clearly visible and distinguishable via the signage. FAIL.

If i start a thread here about a meetup its a meetup of friends. Its Not a Trip that i am running IMO. Its an announcement that (for example) i will be at Daulhousie on 1st July 2014, anyone interested in meeting up for a social there your welcome. I will be leaving there to drive across the Simpson Desert, If your interested in driving the Simpson also and want some company your welcome to drive with me. That would be great. If i get stuck it will be great to have a friend there that i can ask for help and visa versa. When we get to the other end we can have a beer at the pub.

If you crash your car going there, while travelling the desert or driving home then that is very unfortunate and disappointing, Make sure you have your vehicle Insurance up to date and your RACV Roadside Assist and Ambulance Cover paid. I pray it will never be needed.

If you hit a big pot hole in the road that does damage to your car then you have an Insurance Claim against the Roads manager and your Insurance will sort it out.

If you think that as the person that originally mentioned the trip that i have some level of Guidance or Liability over you or for you then you should stay at home. Please.

Look forward to having a beer with everyone else though.

Stay safe, Drive safe. Have fun.

ARE WE CLEAR??

[Hodge]

Clear as mud MudRunner.

[Chris79]

No wonder I'm broke, I dont think there has been a trip I have lead where someone hasnt seriously damaged their car lol.

I always drive on marked tracks, which are public access. If someone choses to follow me its their problem.

[Hodge]

No wonder I'm broke, I dont think there has been a trip I have lead where someone hasnt seriously damaged their car lol.

I always drive on marked tracks, which are public access. If someone choses to follow me its their problem.

It's the nature of this hobby. Anyone who's anyone with common sense wouldn't even think to blame let alone think about suing someone for damages in this game.

Many years ago on a day trip with a club my mate was in, every single car broke something. I didn't have a fourby back then so I was a passenger. I noticed a lot of the damage was caused by peer pressure. Inexperienced poor sod with a fresh new hi lux egged on over the UHF into deep end. Didn't wanna feel demoralised and next thing ... snap snap see ya later CVs.

Now he took it well no blames even though it took them good half of a day to get the car to a tow truck accessible spot.
Did he hate him self for caving in to pressure? I bet.

And no he didn't sue.

[Chris79]

One thing I always did do was publish my car setup and give a guide for min setups recommended for the trip.
This would generally give people an idea of what sort of trip it was likely to be and if vehicle damage was possible.

Once out on the tracks I'd give clear indication of any tracks that were likely to cause issues, it was then up to them if they want to continue or go around a different way and meet us at the other end. This happened quite often and with no ridicule from any of the other guys, they just missed out on the fun lol.

[Wizard52]

This is what happens when the media and governments dumb down society to the lowest level.
If you need instructions to even do the most basic of things in life, you should stay at home.