USM Events Pty Ltd v James
[2023] QCA 71 · Morrison JA (Flanagan JA and Henry J agreeing)
Sally James was competing in a triathlon on the Gold Coast in February 2018. Because of water conditions, the event was changed to a duathlon the day before, meaning both able-bodied athletes and para-athletes in racing wheelchairs shared the same run course. While James was running through a narrow S-bend, an elite para-athlete in a wheelchair, travelling at high speed and trying to overtake, struck her. She fell and suffered a brain injury and psychiatric injuries. The event organiser, USM Events, admitted it owed a duty of care but disputed whether it had breached it. The trial judge found USM should have placed barriers at the narrow S-bend to separate the two groups of athletes, as it already did to separate cyclists. USM appealed, arguing the judge made this finding without proper expert evidence. The Court of Appeal disagreed, holding the trial judge properly weighed the evidence, and dismissed the appeal with costs. This appeal concerned only liability; damages were not assessed in this judgment.
Incident & injury
While negotiating an S-bend on the run leg of a duathlon event, the athlete was struck by a para-athlete in a racing wheelchair travelling at speed and fell to the ground, hitting her head.
- Body regions
- Brain / head, Head, Psychiatric
- Diagnoses
- Brain injury, Psychiatric injury
- Incident date
- 25 February 2018
- Location
- Mitchell Park S-bend, Gold Coast Triathlon course, Gold Coast
Quick facts
- Date of judgment
- 21 April 2023
- Claim type
- PIPA Public Liability
- Proceeding
- Appeal
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 51
- Occupation
- Clinical psychologist (self-employed practitioner) Professional
- Liability
- Partial
- ISV assessed
- 16 uplift applied
- Total damages
- $1,062,351
Outcome
The Court of Appeal dismissed USM Events' appeal against the trial finding that it breached its duty of care by failing to erect barriers at the S-bend to separate able-bodied athletes from para-athletes in wheelchairs. The trial judge's finding of breach was upheld, with costs to the respondent.
Defendant
1 USM Events Pty Ltd
Event organiser/operator
- Judgment against this defendant
- $1,062,351
Heads of damage
| General damages | $28,800 |
|---|---|
| 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 |
Key issues
USM Events Pty Ltd v James [2023] QCA 71
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