Roads & Traffic Authority of NSW v Dederer & Anor

The High Court of Australia considered an appeal by the Roads and Traffic Authority of New South Wales (RTA) against a decision of the New South Wales Court of Appeal. The dispute concerned the liability of the RTA for injuries sustained by Ms. Dederer, who dived from a bridge owned and maintained by the RTA and struck an underwater object. Ms. Dederer alleged negligence on the part of the RTA in failing to warn of the danger of diving from the bridge or to take steps to prevent it.

The central legal issue before the High Court was whether the RTA owed a duty of care to Ms. Dederer in relation to the risk of injury from diving off the bridge, and if so, whether that duty had been breached. Specifically, the Court had to determine whether the RTA had failed to take reasonable precautions against a foreseeable risk of harm, considering the nature of the risk, the likelihood of injury, and the burden of taking precautions.

The High Court, in allowing the appeal, found that the RTA did not owe a duty of care to Ms. Dederer in the circumstances. The Court reasoned that while the RTA had a general duty to maintain the bridge in a safe condition, this duty did not extend to protecting individuals from the inherent risks associated with inherently dangerous recreational activities undertaken by those individuals, such as diving from a bridge. The Court emphasised that the risk of injury from diving into unknown waters was obvious and that the onus was on the individual to assess and accept such risks. The RTA's failure to erect warning signs or barriers was not considered a breach of duty, as the risk was self-evident and the proposed precautions would have been unduly burdensome and likely ineffective.

The High Court ordered that the appeal be allowed and the judgment of the New South Wales Court of Appeal be set aside.