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Recreational injury · Skydiving, bungee & paragliding

Injured on a tandem skydive, bungee jump or paraglider flight in Queensland?

These activities carry real risks, and operators often argue a claim is barred. But the defence only covers obvious risks. A risk from gear that wasn’t properly maintained or rigged, or from an instructor’s error, may still give a claim. Claims start with a notice of claim, and strict time limits apply.

Start your case review 1300 529 529
  • 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.

  • The drop and the free fall itself
  • A firm but normal landing
  • A harness or cord not properly checked
  • A cord set up wrong for your weight
  • Jumping in winds beyond the limits

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.

  1. 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))

  2. 1month

    Their first reply

    Within 1 month, they must say whether they’re the right party and whether your notice complies. (ss 10, 12)

  3. 6months

    Liability decision

    Within 6 months of a complying notice, they must say in writing whether they admit liability. (s 20)

  4. 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.

  • Hurt in the aircraft itself?

    If you were hurt on the plane, not on the jump, a special aviation law may apply, with a strict 2-year limit that can’t be extended. (Civil Aviation (Carriers’ Liability) Act 1959 (Cth) s 34, applied by the Civil Aviation (Carriers’ Liability) Act 1964 (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.

  1. 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

  2. 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

  3. 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.

  1. 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.

  2. It’s read strictly

    If a waiver’s meaning is unclear, it’s read against the business relying on it.

  3. 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)

  4. 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 jumps and flights go wrong.

In a 2026 case, Queensland’s Court of Appeal upheld findings that a student’s solo skydive was a dangerous recreational activity. The operator had broken its own operations manual, but the claim failed: the student’s own landing caused the injury, and the inherent and obvious risk defences also applied. (Eyles v Sydney Skydivers Pty Ltd [2026] QCA 53) Every claim turns on the specific risk and what caused the harm.

  1. Harness or connection not checked

    A harness, cord or connector not fitted, checked or attached properly.

  2. Gear not maintained

    Worn canopies, lines, cords or harnesses, or gear past its service life.

  3. Jumping in poor conditions

    Going ahead in winds or weather outside the operator’s own limits.

  4. Weight checks skipped

    A bungee cord or set-up not matched to the jumper’s weight.

  5. A landing gone wrong

    A tandem landing badly handled by the instructor, or a landing area with hazards.

Who may be responsible

Who looks after what on a jump or flight.

More than one party may be responsible. A claim can be made against each.

  • The operator

    Gear and rigging, the call on the weather, and the instructors and staff it uses.

    Ask for: The booking, any waiver and an incident report

  • The tandem instructor or jump master

    Checks before the jump, the decision to go, and the landing.

    Ask for: Their name and what they told you

  • The gear maker or importer

    A harness, canopy, cord or connector with a safety defect. (Australian Consumer Law ss 7, 138)

    Ask for: The gear’s make, model and any recall

Straight after

Four things to do now.

  1. Step 1

    Report it straight away

    Ask for an incident report, and note the instructor, the gear and the time.

  2. Step 2

    Photograph everything

    The gear, the landing area and your injuries. Keep any video of your jump.

  3. Step 3

    Get the witnesses

    Names and numbers of the crew, and others jumping or watching.

  4. 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.

  1. No-obligation first consultation

    We look at what happened, who may be responsible, and your time limits.

  2. Notice of claim

    Part 1 of the notice goes to the operator or the party responsible, within the time limit.

  3. Their response

    They must reply within 1 month, and say within 6 months whether they admit liability. (PIPA ss 10, 12, 20)

  4. Evidence and reports

    Records, footage, witness statements, and medical and expert reports.

  5. Conference and offers

    A compulsory conference, then written final offers if it doesn’t settle. (PIPA ss 36, 39)

  6. Court, if needed

    If the claim hasn’t resolved, proceedings start within the time limit.

Costs

What it costs you.

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.

  • 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 often will be, but that doesn’t mean there’s no claim. The defence only covers obvious risks of the activity, and only for the person doing it. (Civil Liability Act 2003 (Qld) ss 18, 19) A risk from gear that wasn’t properly maintained or checked usually isn’t obvious. (s 13(5))

Hurt somewhere else?

Hurt on a jump or flight?

Your first consultation covers which notice applies, your time limits, and what to keep. There’s no obligation to go ahead.

Start your case review 1300 529 529

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.