Case Notes : Another tale of two divers

Two recent decisions of the High Court dealing with the liability of local councils in negligence for injuries caused when members of the public dive into the sea are considered. While the plaintiffs concerned failed in their claims, the decisions helpfully clarify questions as to whether the ‘duty of care’ analysis should be generalised or more specific, and the relevance of the ‘obviousness’ of a risk to both duty and breach questions. They incidentally also point to the need for better compensation arrangements in Australia for severely injured persons.