Rhiannon Rigby v Shellharbour City Council

In the case of Rhiannon Rigby v Shellharbour City Council, the plaintiff, Rhiannon Rigby, a minor at the time of the accident, claimed damages against the defendant, Shellharbour City Council, for injuries sustained while participating in a BMX cycling competition. The incident occurred when the plaintiff rode down an unfenced starting ramp at the BMX cycle track maintained by the defendant, resulting in a serious accident. The plaintiff alleged that the Council was negligent in maintaining the ramp without adequate safety measures such as fencing or warning signs, and that this negligence contributed to her injuries. Additionally, the plaintiff argued that her friend's dare to ride down the ramp at a high speed also played a role in the accident.

The court was required to determine whether the Shellharbour City Council breached its duty of care by failing to provide sufficient safety measures at the ramp, and whether this breach caused the plaintiff's injuries. Furthermore, the court had to consider the plaintiff's contributory negligence in accepting the dare and riding down the ramp at a high speed. The court also needed to assess the extent of the plaintiff's damages, including the cost of care, potential loss of future income, and the impact on her ability to care for her newborn child.

The court found that the Shellharbour City Council was indeed negligent in maintaining the unfenced ramp without adequate warning signs, and that this negligence contributed to the plaintiff's injuries. The court also acknowledged the plaintiff's contributory negligence in accepting the dare and riding down the ramp at a high speed. The court awarded damages to the plaintiff, taking into account the plaintiff's brain damage, employability, cost of care, and the impact on her capacity to care for her baby. The court applied the principle of proportionality to calculate the damages, ensuring that the award reflected the plaintiff's needs and the defendant's responsibility.

The court ordered the Shellharbour City Council to pay the plaintiff damages for her injuries, which included compensation for medical expenses, loss of earnings, and the cost of care for her baby. The court also directed the defendant to pay interest on the damages from the date of the accident until the date of the judgment. The court emphasised the importance of public authorities maintaining safe recreational facilities and providing adequate warning signs to prevent accidents and protect the public.