The High Court of Australia in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited awarded more than $6.50 million in compensation to Emily Tapp for injuries she sustained during a sport event organised in Ellerstone, New South Wales.

Background

Born on 10 June 1991 Emily Tapp grew up on a remote cattle property in Northern Territory. She began riding horses at the age of five and became involved in campdrafting which involves showcasing contestants working and herding cattle. From the age of six, Emily won multiple junior campdrafting competitions and from age of 12 together with her family she was traveling around New South Wales and participating each year in four to six campdrafting events organised by the Australian Bushmen’s Campdraft & Rodeo Association.

The accident

The accident occurred on the second day of competition, 8 January 2011, around 7pm. Emily’s father offered her his spot in this open draft, riding on his horse, Xena Lena. Late in the afternoon on 8 January, four other competitors had bad falls on ground that was becoming slippery and unsafe; the event was delayed. The association decided to delay the competition due to safety and the conditions concerned, but afterwards they decided to continue the event.

Unaware of the reason for the delay, Ms Tapp waited for about five minutes before the event recommenced. When Emily entered the arena, due to the deterioration in the surface of the arena her horse together with Emily fell, going down on her front; that is, the horse fell straigh in a direct line and then slid together with Emily onto the ground. The horse got up after about 15 seconds but Emily couldn’t. She was in excruciating pain in her chest and couldn’t move her legs. She subsequently brought a public liability claims for compensation against the association – the event organiser – for negligently causing her injuries.

Isn’t falling an obvious risk of horse riding?

In 2003, states around Australia changed negligence laws to reinforce that someone who volunteers for an inherently risky activity, or who is injured as a result of an “obvious risk” should be prevented from later making a public liability claim for compensation because of the negligence of someone else.

However, organisers of risky sports or activities still have a duty of care to participants.

The decision of the Supreme Court

The Supreme Court of New South Wales found that Emily’s injuries were sustained due to an obvious risk of a dangerous recreational activity. As a resulf of that finding, Emily was unsuccessful.

She appealed and was unsuccessful again.

The High Court’s decision

The Hight Court found the Association negligent and that that negligence caused the fall and subsequent injuries. The court found that the association should have stopped the competition until the arena had been inspected and found to be ‘reasonably safe’, so the risk of falls and serious injury to event’s participants was not ‘substantially elevated’ by the arena surface.

Furthermore, the High Court found that the injuries hadn’t occurred because of the obvious risk of a dangerous activity, but in this case was: ‘the substantially elevated risk of physical injury by falling from a horse that slipped by reason of the deterioration of the surface of the arena’

In addition, the High Court found that that risk was not and should not have been known to competitors such as Emily.

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