Hi All,
If I let someone try or demo my board and they injure themselves would I be liable?
I am not a business owner.
thanks in advance

I'd read the whole document but having just a brief look at it, page 15 sections 14 & 15 will be of interest to your question Kickels

what kind of ****ed up world do we live in where this is even a question to be considered asked.....

Cheers for your input but I thought this was a forum where people could ask questions to obtain some answers, learn or be pointed in the right direction. Apologies if you feel my question was ridiculous but would be nice not to be made to feel like I'm abit of an idiot for posting it.

Kickels said...
Cheers for your input but I thought this was a forum where people could ask questions to obtain some answers, learn or be pointed in the right direction. Apologies if you feel my question was ridiculous but would be nice not to be made to feel like I'm abit of an idiot for posting it.

Hey Kickels - don't think the person was implying it's a bad question on your part, more a comment on our increasingly litigious society. Nobody wants to take responsibility for their own actions any more, not when there's a chance of suing someone and 'gettin paid'...sad indictment that Australia is starting to become more and more like the U.S. in that regard At the end of the day, surfing/SUPing/anything on the water is about sharing the stoke and the life that we love

It is worth noting the CIVIL LIABIILITY ACT 2002 (NSW)- SECT 5L. "No liability for harm suffered from obvious risks of dangerous recreational activities ... obvious risk of a dangerous recreational activity engaged in by the plaintiff." Likewise, Queensland. CIVIL LIABILITY ACT 2003. Act No. 16 of 2003 ... Division 4— Dangerous recreational activities.

A “dangerous recreational activity” means a recreational activity that involves a “significant risk of physical harm”.

I am sure all the SUP hating shortboarders on these forums would be happy to offer their expert opinions that SUP - particularly in the surf - is indeed a "dangerous recreational activity"?

Notwithstanding, this section will not excuse gross negligence on your part. Like, "I know he was a pale westy from Kurri Kurri who looked like he couldn't swim, but I still thought he would be cool in top to bottom 10' surf on my 8' 2" x 26 1/2" with no leash in his jeans"? This probably won't cut it.

I note, this is not legal advice. Like always, take my commentary seriously at your own risk!

Next, your liability in Contract?