Recreational injury · Camps
Injured at an adventure camp, school camp or outdoor education activity?
On a school camp or excursion, the school must make sure reasonable care is taken of its students, even when an outside camp runs the activity. A consent form a parent signed generally can’t sign away a child’s own claim. Some time limits run during childhood, so act early.
- No-obligation first consultation
- No win, no fee*
- We set out our costs in writing at the start.
The risk you took on, and the risk they created.
- Scrapes on a bushwalk
- A tumble in a running game
- A harness that wasn’t checked
- Too few supervisors
- An activity beyond the group
A risk created by a failure to properly operate, maintain or care for equipment or an animal usually isn’t an obvious risk. (Civil Liability Act 2003 (Qld) s 13(5))
Time limits
Time limits can start on the day you’re hurt.
Most recreational injury claims start with a notice of claim. These are the deadlines, in order.
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9months
Notice of claim, or sooner
Give Part 1 of a notice of claim within 9 months of the injury (or of first symptoms, if later), or 1 month after you first ask a lawyer to act for you and the party responsible is identified, whichever comes first. (PIPA s 9(3)) A late notice can still be given, but you must also give a reasonable excuse for the delay. (s 9(5))
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1month
Their first reply
Within 1 month, they must say whether they’re the right party and whether your notice complies. (ss 10, 12)
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6months
Liability decision
Within 6 months of a complying notice, they must say in writing whether they admit liability. (s 20)
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3years
Court action
Generally within 3 years of the injury. (Limitation of Actions Act 1974 (Qld) s 11) For a child’s negligence claim, generally within 3 years after they turn 18. (s 29) Claims against a product maker, and some flight claims, have different limits that can run out sooner.
If it happened to a child
A parent can give the notice of claim for a child. (PIPA s 9) A negligence claim can generally go to court up to 3 years after the child turns 18. Claims against a product maker, or for a flight, can have shorter limits that run during childhood, and the notice has the usual deadline.
A teacher or instructor hurt on camp?
If you were working, a claim against your employer usually goes through WorkCover, with its own time limits. A claim against another business that caused the injury may also be possible. (Workers’ Compensation and Rehabilitation Act 2003 (Qld))
The obvious-risk defence
Three questions decide it.
For a dangerous recreational activity, there’s no claim in negligence for an injury from one of its obvious risks. (Civil Liability Act 2003 (Qld) s 19) Many injuries come from risks that aren’t obvious.
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Question 1
Was it a dangerous recreational activity?
An activity done for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm. A gentle ride or a beginners’ trail may not be one. (Civil Liability Act 2003 (Qld) s 18)
If not, the defence doesn’t apply
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Question 2
Was the risk obvious?
One that would have been obvious to a reasonable person in your position. It can be obvious even if it couldn’t be seen. A risk created by poor operation or maintenance usually isn’t. (s 13)
If not, the defence doesn’t apply
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Question 3
Were you the one doing it?
The defence only applies to the person doing the activity, not to spectators or bystanders. (s 19)
If not, the defence doesn’t apply
All three must be true for the defence to apply. Even then, it only covers that obvious risk.
There’s also no liability for an inherent risk, one that can’t be avoided even with reasonable care. (Civil Liability Act 2003 (Qld) s 16) A failure to warn about it can still be a claim, but not usually if the risk was obvious. (s 15) Otherwise, a claim turns on whether reasonable care was taken, and whether that caused the injury.
“At your own risk” isn’t the last word.
Waivers and signs
Signed a waiver? It may not end your claim.
Queensland has no special law, like New South Wales has, that gives recreational waivers extra force. Whether a waiver stops a claim depends on whether it was part of your contract, what it clearly covers, who signed it, and consumer law.
It has to be part of the deal
Terms first shown after you booked and paid, like a form signed on arrival, may not form part of your contract.
It’s read strictly
If a waiver’s meaning is unclear, it’s read against the business relying on it.
Some things can’t be signed away
Consumer guarantees, like the guarantee that a service is provided with due care and skill, generally can’t be signed away. (Australian Consumer Law s 64) For recreational services, a waiver can limit them for personal injury, but never for a significant injury caused by reckless conduct. (Competition and Consumer Act 2010 (Cth) s 139A)
A child’s claim is their own
A parent’s signature generally can’t sign away a child’s own claim.
How it happens
How people get hurt on camp.
An outdoor activity doesn’t make every injury an obvious risk. A risk from gear that wasn’t properly maintained or checked usually isn’t one, and an obvious risk is judged from the position of someone like the person hurt, so a child’s age may matter. (Civil Liability Act 2003 (Qld) s 13)
High ropes and harnesses
A harness, helmet or safety line not fitted or checked.
Too few supervisors
Groups too large to watch, or children left alone near water or heights.
Water activities
Canoeing, swimming or rafting without life jackets, lookouts or a rescue plan.
An activity beyond the group
Activities unsuited to the age, fitness or experience of the children.
The campsite itself
Unsafe cabins, bunks, paths and grounds.
Who may be responsible
Who looks after what on camp.
More than one party may be responsible. A claim can be made against each.
The school
On a school camp or excursion, a duty to make sure reasonable care is taken of its students, even when a camp runs the activity. For a state school, that’s the State of Queensland. A notice of claim against the State must be given to the Crown Solicitor and name the government department you consider responsible. (Personal Injuries Proceedings Act 2002 (Qld) s 9(8))
Ask for: The excursion plan, risk assessment and consent forms
The camp operator
Running activities with reasonable care, its equipment, and its own instructors and staff.
Ask for: The camp’s incident report and activity records
Teachers and instructors
Supervision, briefings and decisions on the day. The school or camp that employs them is usually the one responsible.
Ask for: Who was supervising, and how many students
Straight after
Four things to do now.
- Step 1
Ask for the incident reports
Ask the school and the camp for their incident reports.
- Step 2
Photograph the injuries
And keep any photos from the camp.
- Step 3
Keep the paperwork
Consent forms, the camp program and any letters from the school.
- Step 4
See a doctor
Get treatment, and keep referrals and receipts. Treatment costs may be claimable.
Compensation
What you can claim.
- Pain and sufferingSet on the Injury Scale Value, from 0 to 100. (Civil Liability Act 2003 (Qld) s 61)
- Past and future lost earningsWages and super you’ve lost, and what the injury will cost you in future.
- Treatment costsMedical, hospital and rehabilitation costs, past and future.
- Care from familyIf the care is needed because of the injury and given for at least 6 hours a week for at least 6 months. (s 59)
- Paid care and aidsHelp at home, equipment and changes you need because of the injury.
- Travel and other costsGetting to appointments, and other out-of-pocket costs.
Your own share of responsibility can reduce damages. (ss 23, 24) Medicare and Centrelink may need to be repaid from a settlement.
How a claim runs
From the first call to court, if it’s needed.
No-obligation first consultation
We look at what happened, who may be responsible, and your time limits.
Notice of claim
Part 1 of the notice goes to the operator or the party responsible, within the time limit.
Their response
They must reply within 1 month, and say within 6 months whether they admit liability. (PIPA ss 10, 12, 20)
Evidence and reports
Records, footage, witness statements, and medical and expert reports.
Conference and offers
A compulsory conference, then written final offers if it doesn’t settle. (PIPA ss 36, 39)
Court, if needed
If the claim hasn’t resolved, proceedings start within the time limit.
If your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.
No-obligation first consultation
You decide whether to go ahead once you know your options and the likely costs.
Everything in writing
Fees and outlays are set out in a costs agreement before we start.
Capped at 50%
Our professional fees are capped at 50% of what you recover, after refunds and outlays. (Legal Profession Act 2007 (Qld) s 347)
Questions
Questions people ask.
It can be. A school must make sure reasonable care is taken of its students, even when it hands an activity to an outside provider. A claim can be made against the school and the camp.
Generally, no. A parent can’t usually sign away a child’s own claim.
A child’s negligence claim can generally go to court up to 3 years after they turn 18. (Limitation of Actions Act 1974 (Qld) s 29) But the notice of claim has the usual deadline, and photos, witnesses and records are easier to get early, so act early.
Yes. A settlement of a child’s claim isn’t valid until a court or the Public Trustee approves it. (Public Trustee Act 1978 (Qld) s 59)
Not always. The defence only covers obvious risks of an activity involving a significant degree of risk of physical harm, and an obvious risk is judged from the position of someone like the person hurt, so a child’s age may matter. (Civil Liability Act 2003 (Qld) ss 13, 18, 19)
Hurt somewhere else?
Hurt on camp?
Your first consultation covers which notice applies, your time limits, and what to keep. There’s no obligation to go ahead.
No win, no fee*: if your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign. This page is general information, not legal advice about your situation.