A couple in their late 70s are suing a beachside caravan park and a local council for $400,000, after a fall which they claim left the man with significant physical and psychological injuries.
The Adelaide Advertiser reports that the pair – who married in 1965 – were staying at the Brighton Caravan Park in South Australia in July 2017 and had rented a powered slab.
At around 8.15pm on July 22, the man was walking towards the amenities block when he fell over a low-lying brick wall, hitting his stomach and wrist on the way down.
In documents lodged in the District Court, the couple claim the man, now 79, suffered multiple bruises and abrasions, torn ligaments in his left wrist and an adjustment disorder.
According to the Advertiser, the effect of the injuries – outlined in court documents are that the man has ‘significant pain and suffering and a loss of amenities of life’.
The couple are claiming damages from the caravan park and Holdfast Bay Council, which they say owns the land and is responsible for its upkeep, for a range of quality of life losses including recreational, domestic and ‘sexual activities’.
The man’s wife, now aged 78, claims for lost ‘consortium’, a person’s right to continuing co-operation and companionship from their partner.
The Advertiser reports that the core of the couple’s claim is that the business and the council failed to provide adequate lighting and proper signage or to remove the wall to prevent the risk of falling.
“(The defendants) failed to provide any adequate or proper protection from the hazardous area where the fall occurred,” the documents say.
Several doctors’ reports prepared for the lawsuit and summarised in the statement of claim allege the man has not been able to do any of his normal gardening and handyman tasks since the fall. One of the reports also says the pain in his left wrist has also left the man with insomnia.
The man’s immediate financial loss through cost of medical treatment and ongoing support was listed as $234,000 in one report.
The couple claim $400,000 in damages in addition to more than $1000 for the cost of lodging the lawsuit.
The Advertiser reports that, in its defence, the caravan park submits that all users of the site are given a guest information pack which contains a waiver of civil liability.
The caravan park claims that by signing the guest information card, the couple agreed to discharge any claim against the business for harm suffered while using the site’s facilities.
According to the Advertiser, the business also claims contributory negligence, including a failure by the man to keep a proper lookout or have regard for his own safety, and that he should have stayed on the designated path.
The defence documents also lodged with the District Court claim the ground where the man fell was ‘undulating and uneven’.
The council in their defence refutes the fall happened in the way the couple claims and in any case denies it owed any duty of care.
The case continues.
The. Ew Australian way, blame someone else for your own negligence.
This isn’t the Australian way it’s the American way and will destroy our country if we let it.
We don’t want to be a litigious society.
Yes! it is the American Way but, alas, we have followed suit and are the second most litigious country in the world after America. Cheers Grant
Really???
Victim mentality rules in Oz. Really!
It will be interesting, I’m all for contributory negligence and believe its something we need to keep in mind when staying anywhere. Sadly this gentleman may suffer for the remainder of his lifetime unless council pays out to simply let it go away.
Why should anyone have to pay for stupid
So his suffering will cease if he receives a fist-full of cash? Is that really what you are saying?
It is amazing just what a Green Plutus can do to any injury. It has made the lame walk again, the Blind see again, and the good old bad back heal over night.
I injured my back years ago and put up with the usual comments about how it would heal when I got a payout! I got a payout which was equal to what I would have earned in the two years that it took to settle. Now in my late seventies I am almost crippled with pain, living on pain killers and in constant pain. To all those “nudge, nudge, wink, wink people”of 45 years ago , I wish you could see me now! Not everyone pursuing a claim is “ outing it on”. I put up with insurance spies following me around, appointments with doctors, including a gynaecologist, made by the insurance company, rude comments from their doctors asking why I wouldn’t go back to work! It was one of the worst times of my life. I had three children, including a two year old , at the time and it was difficult trying to look after my family when I could barely walk. Don’t judge unless you know the full story!
And we wonder why fees are going up.
Hi Gill, I used to have my own Physio practice. The most professional indemnity Insurance I could get was for $100,000. I was told by the insurers that if I had a claim against me it wouldn’t be enough and that I would loose my House!
If I treated a child, (say 10 years old), and they had a claim against me, they had until they reached 21 years old and then another 7 years to sue me! (18 years!) I had to keep my insurance going for over those years after I sold the practice to cover this potential event! Cheers Grant
Blimey take responsibility and watch where you walk, it’s probably not the first time walking to amenities.
Great reply,spot on.
Was a blood alcohol test taken at the time of the accident?
Just wonder myself
Did he have a torch ??
Doesn’t sound dinkum to me & I agree with Gill if it gets through the cost will go up or another park will go to self contained units. PS hope I’m still getting it at that age lol
What happened to personal responsibility. If we go on like this we will end up like the US sueing everybody for everything. The cost of $ 234,000 is not applicable if the guy was over 65. As a pensioner in this country it would be paid by Medicare.Im 80 years young an expect myself to be personally responsible. Its called living and not expecting others to be responsible for me.
If he relied on the services available through medicare he would be starting to get treatment slowly from now if he is lucky enough to have made the top of the waiting list.
Me too Russell, I tow a three tonne van and am 75 years young!
The society we live into today! Sounds like there just trying to top up there Super! They would take a bit of ownership I think. I love the bit where it says “ life losses including recreational, domestic and ‘sexual activities” sexual activities at 78! My arse♂️
i hope its not your arse
ahahaha hilarious
do you think elder people incapable of sex in there 70s you have a narrow view then.
Having worked in a couple of caravan parks, the lights are dimed at night, as to not disturb other guests. Common sense is that you take a torch when out at night. And yes read the fine print when you sign in at a park, be responsible for yourself.
We are turning into Americans! This could see amenities such as caravan parks be out of the reach of the average Aussie as fees rise to cover this sort of greed.
Needs to look where he is going walk ways are for a reason not to take short cuts. Maybe the council could shout him a pair of glasses. Biggest problem is you can’t help stupid
Wouldn’t want to post anything derogatory here … probably get sued ?!!!!???
Do it anyway
I’ve tripped on uneven footpath and broken radial bone, NO…I didn’t sue council.
Fell from Pothole in road, broke 2 ribs. No…. didn’t sue council.
This arrogant couple need to stay home.
Same here Sue! 3 weeks ago I came a gutser on my electric bike at Nelsons Bay,..hit a HUGE pothole in the road. The fall was an absolute shocker at 74. I landed flat on my face. Skinned face, knees, and hand badly and luckily kept teeth intact. My right elbow is still jarred and painful. I did report it to the council and DID NOT threaten to sue. The council were thankful that I had reported it though. Some people are just after money and blameless. Durr.
Take responsibility for your own actions, don’t blame others for your stupidity.
So we all sign these indemnity forms, alot of the time with out reading them or giving them much thought. This guy may or may not get anything regardless if it’s his fault or not. This got us to thinking is there travel insurance for travelling Aust fulltime ?
They can get you to sign what they like but it does not overide the law.
This is surely just bad luck and could have happened on the beach or in a park. I am sorry for the couple , but shit happens . Take a torch and a walking stick when wandering around in the dark at a camping ground!
I feel for the park owners if there is a payout.
Lost consortium and adjustment disorders! Well I never! Whatever will they come up with next
So wrong……!
It is new money making scheme. Along with lotto. The Federal Government could change the law with the swipe of a pen. Making people responsible for their own actions wether jump from a tree into 2 feet of water. Council should not be liable if you swim with Crocodiles sharks etc etc
Regardless of the outcome DO NOT FORGET they should be aware of taking out ;liability insurance so if you trip over anything which is hazardous to young or old you are entitled to be compensated
I lived in a caravan park on the southside of Brisbane for about 3years the park manager was always go of at people for walking between or behind the vans to get to the amenity’s block He said use the path ways or the road’s and their was street lights. And this story sounds like this man was taking a short cut that he should have
Hey. Come on. You tripped. Be responsible for yourself. For goodness sake.
Commonsense – we are ultimately responsible for our own safety. Walking anywhere, even on a well lit path, if it is night carry a torch!
At 8.15pm the lights would likely still be on. And yes, carry a torch regardless. I stubbed and broke my big toe at 10.30pm when I kicked a speed hump in a park in NT. My fault, no torch, several bourbons and it was my fault. It bloody hurt, but my own fault. Suck it up …. oh, and get a port a loo ……
We stayed at this lovely waterfront caravan park in early 2021. Great park. No problems. Don’t spoil it for everyone else.
If the grounds did not undulate what a boring and uninteresting site this would be.
Read the fine print. Look after yourselves. Join a medical fund, like us.
Hope his health improves.
How about accepting some responsibilty.Everyone is always looking to blaim someone for their mistakes and errors..Maybe,parks should get signed indemnities,or just turn parks into aged communities and charge $$$$$$$$
“Maybe,parks should get signed indemnities” no signed indemity overrides the law LOL
My first thoughts were humorous but probably not printable without carefully examining what the current defamation laws were.
But fairs fair, walking around a caravan park at night, off the paths and without a flashlight – he needed this to happen as a wakeup call.
Who knows what stupid thing he may have done had this not happened.
Now, if he was smart he will not trek through unfamiliar territory at night without a torch.
Another case of a person trying to blame someone else for their own actions, not to mention the greedy lawyers, As long as we follow America down the litigation path, we will eventually all end in the sewer like the US
I agree that the caravan park is liable. In good faith for the camper’s misfortune, they should buy him a torch!
if the man was not on the designated path then he needs to take some of the responsibility. we have disabilities and where ever possible ask to be placed in a well lit area or close to the amenties block.
This good news for all Australians. The attitude that we should all ” blame the victim” is a horrible one and should be consigned to the dustbin! A democratic nation with a strong civil justice system gives a self regulating element to civil society. And for those that ignorant of how the law of negligence works, ALL contributory factors -including contributory negligence -will be taken into account by the Court.
The Gawler Discovery Park, has a clause such as this about parking under the trees. However, there are almost no sites where you are not “under the trees.” My insurer would have a field day if my caravan was damaged by limbs from their trees. Their “excuse” was that being a council owned park, they had their tree lopper in every year. Too bad he missed a whole section that was old and rotten on the trees above our van. Lucky for them, only after we left, did a huge branch come down where we had parked. (N.B. our permanent neighbour sent us photos)
What a sad world we live in. What happened to being responsible with our own actions. I am amazed how many contributors have commented in favour of the camper.
Does anyone think this may be a scam? Surely this would be thrown out of court. They must be a couple of very sad individuals, with good connections. This all sounds like a deliberate set up.
If they do get any money at all, we should all be ashamed to allow such nonsense to exist in our society. The hungry will always be with us, so to the stupid. Are we to be responsible for them as if they were handicapped? If one chooses to engage in an adventure experience, viz, veering off the path, surely one may do so on his own dime. No mention of dementia, so my argument hold true.
This is what contributes to the closure of sites, as no authority can carry the can for this absurdity and nor should they do so..
I wonder If the gentleman was carrying a torch as I cannot understand how you do not see a retaining wall. He must have seen it in daylight and new it was there. Sadly there is no such thing as an accident anymore. What happens has to be someone else’s fault. Also pathways are put in for easy access but and at night are the best way to avoid tripping hazards. I believe the ownes is on the individual to take responsibility for there own safety/actions
This is the reason we should all have adequate ( domestic ) public liability insurance and so should anyone working on our property.