Public authority responses to marine stinger public health risks: a scenario analysis of the Irukandji health threat in controlled spaces at public beaches in Australia

Crowley-Cyr, Lynda (2012) Public authority responses to marine stinger public health risks: a scenario analysis of the Irukandji health threat in controlled spaces at public beaches in Australia. Journal of Law and Medicine, 20 (2). pp. 363-379. ISSN 1320-159X

Abstract

This scenario analysis was undertaken to anticipate the likelihood of public authority liability for negligence arising from harm associated with the relatively new phenomenon of the Irukandji marine stinger health threat in
Australia. The tort of negligence is about allocating liability for wrongs typically committed by one person or entity against another. The author questions whether a person who enters a marine stinger enclosure at one of
Australia's patrolled and flagged beaches and suffers serious injury from an Irukandji sting can seek compensation or damages in negligence against government. It is argued that as the law currently stands, an injured bather without adequate warning could successfully sue a local authority for creating a false perception of safety and therefore inducing risky behaviour. Changes in ecology and climate variability are relevant considerations. This is a novel issue not previously dealt with in Australian courts.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to publisher copyright policy. Reference: (2012) 20 JLM 363
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 17 Jan 2013 06:28
Last Modified: 30 Sep 2014 01:34
Uncontrolled Keywords: Australia; bathing beaches; Elasmobranchii; poisonous fish; liability; public health
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180126 Tort Law
16 Studies in Human Society > 1605 Policy and Administration > 160510 Public Policy
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/22430

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