Diving into waters of an unknown depth : a recipe for disaster

In the recent New South Wales Supreme Court decision in Laoulach v El Khoury (El Khoury’s Case), the plaintiff who was catastrophically injured when his head hit the seabed after he dived from a boat, failed to recover compensation in an action for negligence against those in control of the boat from which he dived. The case illustrates that for those who are injured diving into water of an unknown depth, proving negligence will be difficult. This article addresses the findings in El Khoury’s Case and includes a brief review of the relevant principle dealing with dangerous recreational activities under the Civil Liability Act 2002 (NSW)