Blunden t/a Southern Water Sports v Solomon by his tutor Carol Anne Friend

The New South Wales Court of Appeal considered a claim in negligence brought by Mr. Solomon, a 16-year-old novice jet ski user, against Blunden, trading as Southern Water Sports, who operated a jet ski hire business. Mr. Solomon sustained injuries while using a hired jet ski and alleged that the defendant had breached its duty of care by failing to provide adequate safety instructions.

The central legal issues before the Court were whether Southern Water Sports owed a duty of care to Mr. Solomon, the nature and extent of that duty, and whether the safety instructions provided were sufficient to discharge that duty. The Court also considered the question of contributory negligence on the part of Mr. Solomon and the appropriate calculation of any future economic loss.

The Court of Appeal found that while Southern Water Sports owed a duty of care to its customers, including providing adequate safety instructions, the instructions given to Mr. Solomon were sufficient in the circumstances. The Court determined that the defendant had taken reasonable steps to warn of the inherent risks associated with jet skiing and that Mr. Solomon's own actions contributed to his injuries. The appeal was dismissed, with the appellant ordered to pay the costs of the respondent.