THE LAWS OF SUMMER – PART 1
BEACH SAFETY
Swimming at a surf beach can be dangerous. There is a risk involved with swimming in the surf, particularly when the waves are large or when there are strong rips.

Surfboards can be an added danger, particularly in a designated "flagged" area.

There have been a number of recent cases in Australia involving people injured by surfboards. In situations where the surfboard injures a swimmer in a flagged surfing area the court has held that the local council (responsible for the patrolling of the flagged area) was negligent. The court took into account that the accident could have been avoided by proper direction to the surfboard rider to remain outside the flagged area. The use of surfboard within the flagged area was a known danger, and if the beach Inspectors had kept a proper lookout then the accident would probably not have occurred.

It is reasonably settled that the use of the surfboard within a flagged area will result in liability by a local authority.
There is much debate about whether the same principal extends to the use of the body-boards within a flagged area.

In a recent Queensland case against the Maroochy Shire Council, a person was struck by a body-board within a flagged area.
The court decided that a body-board was different from a fibreglass surfboard. The court was not prepared to, in effect, place blame on the Local council for injury caused by the collision of the swimmer with the body-board.

The court took into account that swimming in the surf has inherent dangers. Imposing a strict liability on the council would mean that the council would be at fault whenever an injury occurred within the flagged area, because it was impossible to remove the risk of injury.

The decision of the court seems to acknowledge the common practice of allowing body-board riders to share the flagged area with swimmers. The court took into account practical difficulties if the council was required to set aside a separate area for body-board riders in addition to those for surfboard riders and the additional expense for the council in having to employ people to check on the safety of the body-board riders as well as watching over the swimmers.

RESCUERS
What about the situation where someone goes to the assistance of a swimmer who has been caught in a rip, and that rescuer ends up doing more harm than good?

Rescuers are generally encouraged and supported by the courts. Leniency will be shown even if they unwittingly do damage, since the situation in which they act is often urgent and stressful.
Largely it is a myth that rescuers are at risk of being sued.

In the urgent heat of the moment, particularly where the rescuer is not a professional health care provider, they may make a mistake and might exacerbate the injury. However, this will not usually lead to liability on the part of the rescuer, unless the rescuer's action constitute gross negligence.

What if a rescuer is injured while providing assistance?
For example, what if someone swims out into the Broadwater to give assistance after a boating collision, and that person gets into difficulties?
It might be possible for the rescuer to make a claim for compensation for their injuries against the original wrongdoer. That is, they may have a claim against the master of the boat that was negligent in colliding with another boat.

Also, if a passenger of the boat – who has a claim against the master – has their injuries exacerbated by a rescuer – that person can claim their entire injuries against the master. This situation works in this way:-
1. If A injures B;
2. And Rescuer C assists B, using reasonable care, but causes extra injury;
3. Then B can sue A for his entire injuries, including those caused by C.
Government Protection of Good Samaritans.

Queensland is presently the only state in Australia to legislate for protection of certain rescuers providing emergency first aid.
Although the state government legislation is fairly narrow, it does offer protection in a situation such as where the doctor or nurse stops and gives assistance at the scene of a car accident. This protection is granted in the Law Reform Act of 1995.

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