Moore v Woodforth

In *Moore v Woodforth*, the New South Wales Court of Appeal considered a claim by a snorkeller who suffered serious injuries after being struck by a motorboat. The plaintiff, Mr Moore, alleged negligence on the part of the boat's operator, Mr Woodforth.

The primary legal issues before the Court were whether the boat operator had breached his duty of care to the snorkeller, and if so, whether the snorkeller had been contributorily negligent. The Court also had to determine the appropriate assessment of damages, specifically concerning the plaintiff's loss of earning capacity.

The Court found that the boat operator had been negligent in failing to keep a proper lookout and in operating his vessel at an excessive speed in an area where swimmers and snorkellers were known to be present. However, the Court also held that the snorkeller had been contributorily negligent by failing to take adequate precautions for his own safety, including not wearing a brightly coloured dive flag and not remaining in a designated swimming area. The principles of *volenti non fit injuria* (voluntary assumption of risk) were considered but ultimately not applied, as the Court found the risk of being struck by a boat was not so obvious or inherent in the activity of snorkelling as to negate the duty of care owed by the boat operator.

The Court ultimately apportioned liability between the parties, reducing the plaintiff's damages to reflect his contributory negligence. The final orders, detailed in paragraph 113 of the judgment, reflected this apportionment and the assessment of damages, including the component for loss of earning capacity.