I'm also in the 'wouldn't sue' group.
On a side note not at all relevant to the current example, I kinda wish we had some judges in Oz (and probably the US as well) who'd be willing to say "you did something stupid, you hurt yourself, you can't get money for your own stupidity".
This case was overturned on appeal and I think that is the correct result.
Quote:
Edition 05/2003
Bondi Beach Appeal Successful
No doubt many councils, surf lifesaving bodies, sport and recreation providers would have breathed a sigh of relief when the New South Wales Court of Appeal allowed the appeal and set aside the verdict and judgment in favour of the injured party (G E Swain) in the case of Waverley Municipal Council v Swain. (Reference Waverley Municipal Council v Swain [2003] NSWCA 61 (3 April 2003).
The background to the case is that Guy Edward Swain was injured while swimming between the flags at Bondi Beach on 7th November 1997 in a calm sea. He dived into a wave and hit a sandbar, suffered a spinal injury and is now a quadriplegic. He brought action against the Waverley Municipal Council, which, it is accepted by both parties, has care, control and management of Bondi Beach. AJ Taylor and a jury of four heard the case. The parties agreed on the quantum of damages at $3.75 million and litigated only on the issue of liability for that damage. The jury found the Waverley Municipal Council liable to Swain in negligence. They further found contributory negligence of twenty five percent on the part of Swain. The Waverley Council appealed to the NSW Court of Appeal.
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At what point did people stop becoming responsible for their own actions?