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Old 1st May 2013, 04:57
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Shagpile
 
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The court found that the risk of an accident occurring when flying a light aircraft was low – but that when an accident does occur there is a real risk of significant physical harm. And so the court concluded that flying in a light aircraft is a dangerous recreational activity.
Yes it looks like the court weighed more heavily on the consequence of the risk rather than the likelihood.

Interesting as in the RAAF system, a catastrophic consequence (multiple fatalities, etc) combined with the lowest likelihood comes out at low risk. It seems here the court has interpreted the "inherent risk" of flying makes it a dangerous activity for the purposes of compo.

Interesting how far it would extend to other activities that are low risk but have a worst-case-scenario outcome.
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