Insurance Law

Contact: Carter Newell (Queensland, Australia)

Kelly v State of Queensland [2013] QSC 106

Earlier this year, the Supreme Court of Queensland held the State of Queensland liable for damages suffered by a tourist on Fraser Island in the decision of Kelly v State of Queensland (Kelly). (1)  The plaintiff, an Irishman who was holidaying in Australia, was rendered a tetraplegic when he tripped and fell headfirst in shallow water at Lake Wabby on Fraser Island after running down a sand dune and jumping into the lake. The court determined that the injury was caused by the State's negligent failure to warn of the risk, in circumstances where it was on notice of the risk which eventuated due to a number of other serious incidents at the lake in previous years. 

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