2 replies to this topic

[Apparelyzed]

No pay out for spinal injury

A man who was seriously injured when he dived from a pylon on a wharf has lost a NSW Supreme Court appeal against Rockdale Council for negligence.

According to a court judgment report, Bexley resident Bilal Jaber, sustained significant injuries to his cervical spine after diving from a wharf at Dolls Point in October, 2003.

The court held the council was not liable for Mr Jaber's injuries and had no duty to warn him of what was an "obvious risk''.

Mr Jaber said he had been to the area, near Georges River 16ft Sailing Club, for family picnics and had seen people diving from the wharf on numerous occasions before venturing out himself.

He swam from the beach to the end of the wharf without seeing a warning sign. After treading water and watching people jump off, he climbed up onto a bollard.

Mr Jaber said the water was "very dark'' and after diving in from a height up to three metres, his head hit the seabed.

When he stood up both his head and shoulders were above the water. "I felt pins and needles in both hands and sharp pain from my neck down to my lower back,'' Mr Jaber said. "My cousin helped me out of the water.''

The tide was neither at its highest nor lowest point.

Mr Jaber, who was 19 when the accident happened, said because of his injuries he abandoned plans to study construction and now works in customer service.

"I still suffer extreme pain, especially in the cold and when I'm trying to sleep,'' he said. "Sometimes, I can't turn. It's affected my entire life, my career and future.''

According to the NSW State Spinal Cord Injury Service, 70 per cent of spinal injuries in 2006 were water-related.

Source: http://stgeorge.your...ury/806518.aspx

[wheeels]

I have to agree with the court, a person needs to be responsible for themselves, even if there where sign's I suspect he would have still jumped hey everyone else was doing it.

[allis53ca]

exactly, what wheels said.....word