The correct ruling in a civil suit.

[weemadando]

Parks not liable for dive injury
Mark Oberhardt
May 17, 2007 12:00am

NATIONAL parks could not be held liable for a schoolboy who became a quadriplegic after diving into a rock pool, a judge has found.
Justice Kerry Cullinane found the State Government had breached its duty by not having taken greater steps to provide a warning in prominent locations about the risks of diving or jumping into rock pools.

However, he found that the Government could not be held liable because it was likely that, even had there been adequate warning signs, Craig John Reardon would still have dived into the rock pool.

Justice Cullinane found that Reardon had not established a causal link between the absence of a warning notice and his injury.

The Supreme Court in Townsville had heard that Reardon, 18 at the time of the accident and now 26, suffered spinal injuries when he dived into the water in Alligator Creek National Park on November 18, 1998.

He was rescued from the water by friends and airlifted to safety by helicopter

Reardon, now permanently confined to a wheelchair, was a final-year student at Kirwan High School when he and friends went to the swimming hole.

His lawyers argued that the Queensland Parks and Wildlife Service had not provided proper and adequate signage to warn visitors about the dangers of swimming, and particularly diving, in the creek.

The court heard Reardon and four friends had visited Alligator Creek, staying overnight before trekking to a waterfall and swimming area known as The Coffin.

They were jumping, diving and doing backflips into the swimming hole for about half an hour before Reardon hit his head on a submerged ledge.

In a written judgment, which became available yesterday, Justice Cullinane said that, while the State Government had failed in its duty of care,

"I think it quite unrealistic to expect had Reardon and his colleagues seen such a sign it would have altered their conduct on the day."

At last, a judge who recognises that some people are stupid enough that they'll do what things, even if a sign warns them not to.

[Napoleon the Clown]

Eighteen is easily old enough to know you don't jump off tall objects into water on unkown depth. Hell, ten was old enough for me. All a sign would be is target practice for drunk morons. Who would proceed to jump off the cliff once they finished their beer.

[Jaevric]

Honestly, how stupid do you have to be to go diving into water somewhere called Alligator Creek in the first place?

[Civil War Man]

Honestly, how stupid do you have to be to go diving into water somewhere called Alligator Creek in the first place?

To be fair, that's just a name. Snake River isn't full of snakes. They violated enough common sense without having to criticize them for swimming in a place named after a predator.

Plus, they weren't just swimming in Alligator Creek. They were at a swimming area called The Coffin. That is more cause to question their judgment, assuming they knew the name of the location.

[phred]

good call by the judge. regardless of signage people will jump off rocks into large bodies of water. if they get hurt its their own fault, not the governments.

[JointStrikeFighter]

Honestly, how stupid do you have to be to go diving into water somewhere called Alligator Creek in the first place?

Given that the creek is in Australia it's unlikely there were any Alligators within

Furthermore haven actually been to the creek in question it boggles my mind how anyone could have been stupid enough to dive in; its not very deep; and its filled with sharp point hard rocks.