Sally James v USM Events Pty Ltd
[2022] QSC 63 · Brown J
Dr Sally James, a clinical psychologist, was competing in a Gold Coast duathlon in February 2018 when a para-athlete in a racing wheelchair, travelling at high speed, struck her from behind at a narrow bend in the course. She fell, hit her head, and suffered a mild brain injury and post-traumatic stress disorder, among other injuries. She had to close her psychology practice, went bankrupt, and could no longer work. The main dispute was whether the event organiser, USM Events, had taken reasonable care to keep competitors safe. The court found USM should have put up a barrier to separate the wheelchair athletes from runners at the dangerous narrow bend, and that its failure to do so caused her injuries. The organiser's arguments that the risk was obvious, that it was an unavoidable part of the sport, and that Dr James was partly to blame all failed. She was awarded just over $1,062,000 in damages.
Incident & injury
Plaintiff, an able-bodied athlete competing in a duathlon, was struck from behind by a para-athlete in a racing wheelchair travelling at speed at a narrow s-bend, causing her to spin and fall and hit her head.
Read the findings as text
- No barrier at the bend. Wheelchairs and runners mixed.
- Breach of duty. Obvious risk defence failed.
- $1,062,351 awarded. Affirmed [2023] QCA 71.
- Body regions
- Brain / head, Psychiatric, Cervical spine, Lumbar / thoracic spine, Shoulder (Left)
- Diagnoses
- Mild traumatic brain injury (no cognitive impairment), Post-Traumatic Stress Disorder, Whiplash-type cervical spine injury, Soft tissue lumbar spine injury, Chronic muscular contraction headaches, Tinnitus
- Incident date
- 25 February 2018
- Location
- Mitchell Park, Broadwater Parklands, Southport (Gold Coast Triathlon)
Quick facts
- Date of judgment
- 14 June 2022
- Claim type
- PIPA Public Liability
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 51
- Occupation
- Clinical psychologist (self-employed practitioner) Professional
- Liability
- Disputed
- ISV assessed
- 16 uplift applied · Item 8 (Minor brain injury)
- Total damages
- $1,062,351
Outcome
The court found USM breached its duty of care by failing to erect a barrier separating para-athletes in wheelchairs from able-bodied athletes at the narrow s-bend where the collision occurred. The defences of obvious risk, inherent risk and contributory negligence all failed. The plaintiff's claim under s 60 of the Australian Consumer Law was held not to be properly pleaded. Damages were assessed at $1,062,351.20.
Defendant
1 USM Events Pty Ltd
Event organiser/operator
- Judgment against this defendant
- $1,062,351
Heads of damage
| General damages | $28,800 |
|---|---|
| Interest on general damages | $0 |
| Past economic loss | $274,812 |
| Future loss of economic capacity | $658,028 |
| Past special damages (plaintiff) | $65,000 |
| Interest on past special damages | $5,711 |
| Future special damages | $30,000 |
| Subtotal before refunds | $1,062,351 |
Key issues
Sally James v USM Events Pty Ltd [2022] QSC 63
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Learn more about public liability claims and head and brain injury claims in Queensland.