Law wild natural place


Law wild natural place
Simon and his girlfriend Jane decided on going camping in the Three Gorges National Park in northern New South Wales. The park is set up for campers with a designated camping area with cooking facilities and toilets. It also has an area set aside for parking visitor’s cars and setting up tents. The camping area has a sign directing people to set up camp within designated areas but there is no restriction on where people can go in the actual park.

The park is a wild natural place with dense forests and narrow winding pathways. There are many cliffs and gorges in the park and it has had hikers who have suffered injuries when on hikes in the past.

On their first evening in the park Simon and Jane start cooking a meal on the cooking facilities made available to campers. It is actually Simon’s birthday so they both have a few celebratory drinks. Simon actually becomes a little affected by alcohol and wanders off into the bush to go to the toilet. He completely forgets that there are toilets in the camping area and just thinks finding a nearby bush will be good enough. Unfortunately Simon stumbles through the bush for quite a distance, misjudges his footing and falls over a cliff edge. Fortunately he does survive the fall but suffers serious leg injuries that does incapacitate him in his ability to walk.

Simon urgently seeks your advice in respect of his chances in establishing liability for negligence against the National Parks Commission. In your answer make sure you address each element required in establishing negligence.

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