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Judgement in Lancelin Liability Case

31-Oct-2007

The decision in the case that triggered Gingin Shire's move to close the Lancelin ORV area has been handed down.

Judge Keen found Gingin Shire partially liable for the accident, primarily due to the lack of adequate warning signage about the inherent dangers of the areas, particularly the unpredictable drop-offs that can occur through wind action on the dunes.

Importantly, Judge Keen did not find that Gingin Shire should have regularly inspected the dunes, or identify particular dunes that were especially hazardous, or place signs around the dunes to warn of specific dangers or exclude the public from the area.

On the last point, Judge Keen said it is "probably safer to have these activities being carried on in a specific area rather than being conducted by members of the public on an ad hoc basis".

This judgement strongly supports the RTRA view that Gingin Shire can obtain the protection from lawsuit that it needs simply by ensuring that there is more adequate signage, and without needing to close the area.

RTRA has again written to the Shire CEO voicing opposition to the proposed closure. A submission will also be made to the Off Road Vehicle Advisory Committee which is currently assessing Gingin Shire's request.


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