State of Queensland v Kelly [2014] QCA 27 The Respondent was rendered a partial tetraplegic by injuries he suffered when he ran down a sand dune and fell into Lake Wabby on Fraser Island in September 2007. Prior to the incident, the Respondent had been shown a safety video about the dangers of Fraser Island in general, and he had also walked past, but did not take notice of, two warning signs on his walk to Lake Wabby. The trial judge held that: (a)    The content of the appellant’s duty of care was to take reasonable care to protect lawful entrants from risk of physical harm. (b)   The respondent’s injuries were caused by the appellant’s breach of its duty of care in failing to provide adequate warning of the dangers inherent in the visit to Lake Wabby in a video which was shown to the respondent. (c)    The damages recoverable by the respondent for the appellant’s negligence should be reduced by 15 percent because of the respondent’s contributory negligence in … Continue reading What is an “obvious risk” ?