The Queensland Court of Appeal recently upheld a judgment in favour of a MurphySchmidt client who received serious spinal injuries in an accident at Lake Wabby on Fraser Island.
Our client was an Irish backpacker, who suffered spinal fractures when he slipped at the bottom of a sand dune and fell awkwardly into the lake. Unfortunately, Lake Wabby has been the site of many similar incidents over the years with many people, mostly young overseas tourists, suffering serious, life-changing injuries. The Supreme Court at first instance found in favour of our client on the basis that inadequate notice of the danger had been given. It also held that our client’s damages should be reduced by 15% to account for his contributory negligence. The State of Queensland appealed against this decision, but the appeal was unsuccessful and the original decision upheld.
Many tourists are injured in Queensland every year – some in activities specifically directed at tourists, but more often on our roads and in our workplaces.
We have acted frequently in claims for overseas visitors and also for Queenslanders who have been injured overseas. The laws governing insurance and compensation claims obviously vary greatly from country to country, but over the years we have handled claims all around the world and are always pleased to provide assistance.