Roads and Traffic Authority of NSW v Dederer
Briefing
In this case a young boy age 14 years naming Mr Peter Dederer, has injured him while jumping off bridge into shallow water below. The high court found that the plaintiff arose from his voluntary action in diving into the water and injuring himself, it is not in control of the RTA the risk of natural variations in the depth of the water under the bridge, that’s why most of the High Court didn’t establish that the RTA in this circumstances owe a duty of care to plaintiff.
Facts

• It was a Forster Tuncurry bridge into the water of the Wallambar River approximately nine meters below and undergo with catastrophic injury, when he pounded his head on sand bar. There were sign boards on entrance of bridge, of which plaintiff was aware of it and he ignored clearly and this was first reported diving accident.
• …show more content…
• Mr Peter Dederer had spent free times in this area since he was a child and had watched many times young children and adults jumping and diving of the bridge.
• RTA has the evidence and they are aware of people jumping again and again of the bridge, they had the response to communicate with police to prevent this however the enforcement was incapable of producing any results again jumping.
• The RTA also have replaced the existing images with no diving signs, but these all necessary actions taken from RTA had virtually no effect on the people, the RTA also admitted that they knew people are still practicing jumping off the bridge.
• There were no such accident has been happened in the past in relating to diving from the bridge. The plaintiff sued both the RTA and the Great Lakes Shire council in