Thread: Insurance claim.

Thanks for the update. Its good you got professional advice and are on the way to a result. Stick with it. If you get depressed about it find someone you can talk with openly about your feelings. That should reduce your frustration, which is important.

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I am sure we all really feel for you and your injury.
Its going to be a subjective issue as to whether the shire/council can be held accountable for issue below the water line as almost impossible to maintain on a regular basis. From previous experience in WA only, they are only responsible to the water line. What may be their answer is you did not take due care by wearing appropriate footwear. We certainly all do it and most times there are no issues. A lot will also depend on how good you legal representation is. Get advice first from a decent legal firm. It is very odd what is covered and compensatable. You will have to prove negligence. This will show you how odd it can be Case 1: My Mum went down a deep pot hole outside shire Basketball facilities, low light at night, got compensated and medical costs awarded without much of a fight. Case 2: Friend did similar on a lit footpath and got nothing at all. Case 3: Another friend did similar on a footpath edge, council fought, he took to court and lost and was also hit with court costs. So go figure.
Also be prepared for backlash because if cases like this succeed the council will likely go a couple of ways:
1: Close public boat ramps.
2: Charge for use.
3: Either implement or already have implemented "At your own risk clauses".

Point 1: above has already occurred in many public areas eg many playgrounds have been removed and or certain play equipment, Sporting ovals closed to public use, boat ramps closed, Camping areas close, recreation areas closed, 4x4 tracks closed and mainly due to litigation.

At own risk isn't acceptable... or legal.

If you build it for public access, it must be safe..

And waterline - entertaining concept with a tide



The guy is losing a chunk of his foot because a piece of tank expected to be solid was not... boat shoes have thin soles as well - so likely would have still suffered a puncture wound..

Hardly good to lay guilt on someone who hadn't done anything - anything - wrong at a boat ramp where things or boat shoes are acceptable footwear..

And far more worthy than many who go 4wdriving - induce their own damage to their vehicle - and then we all pick up the increase in premiums!

Gees Rob,I bet you are in some pain,no agony.
I hope they get it under control soon.
Salary continuence is great,Deb had it with her super.They paid her wages for 2 years and now given her a TPD payout.She cant touch the payout,under tax rules it had to go into her super.She may be able to apply for payments from the fund.
I was refused Salary Continuance when I started with the Shire as Ive had a back injury
GOODLUCK
Andrew

Mike,
Ideally yes, reality no. Our system is so flawed, 1 case will win 1 wont. there is no real line in the sand. It will depend on how good the legal representation is, how likely the shire will accept responsibility or how quick and quiet they want it to go away. By your statement alone "If you build it for public access, it must be safe." we could lose access to every piece of govt built facilities as there is no absolute way to ensure this. hence why there is insurance. Very difficult to maintain anything below the normal low tide waterline, so going to be very subjective.
Certainly not saying I dont empathize and certainly hope he does get some compensation. Just being realistic it is not an easy journey, often without a amicable or acceptable outcome. Some shires are good and will do all they can to help, others will fight it to the death.
I have personally seen 3 boat ramps just closed due to similar injury or vehicle damage law suits. 1 was absolute gold, beach boat ramp into surf, result car and boat lost, shire sued. He lost the case but the shire closed and ripped up the ramp, now we have to use the beach only, no concrete ramp.

Hardly good to lay guilt on someone who hadn't done anything - anything - wrong at a boat ramp where things or boat shoes are acceptable footwear

Certainly not laying guilt at the injured, but are the shire totally at fault either? Who knows, much more to it than we will know.
I have injured myself on slippery boat ramps and never considered compensation as it was a risk I accepted. I have had a friend injure himself quite badly, very similar to this case and did not seek compensation.
Litigation is why off road and motorcycle parks especially public areas are very few and far between.

Originally Posted by Tombie

At own risk isn't acceptable... or legal.

If you build it for public access, it must be safe..

And waterline - entertaining concept with a tide



The guy is losing a chunk of his foot because a piece of tank expected to be solid was not... boat shoes have thin soles as well - so likely would have still suffered a puncture wound..

Hardly good to lay guilt on someone who hadn't done anything - anything - wrong at a boat ramp where things or boat shoes are acceptable footwear..

And far more worthy than many who go 4wdriving - induce their own damage to their vehicle - and then we all pick up the increase in premiums!

'Reasonable precautions' have to be taken, so that's open to lots of argument.