Australian Tourism and Hospitality Law - Case Study Example

Tourism sector operations are governed by laws that require that and employees be managed safely. This relates to introduction of risk management strategies so as to reduce risk exposure and be able to determine liability in parties concerned. In the case of Reardon v State of Queensland, the court of appeal upheld that the local body was not negligent by failing to erect a notice that forbid the diving of people into a rock pool to warn of the imminent danger of any submerged rocks. Besides this, the court decided that the defendant in his failure to warn the plaintiff, and his friends from diving were not negligence.

The case was dismissed in the long run and the plaintiff sued the state after becoming a quadriplegic after diving into the rock pool.Larry’s case is not so much different from the previous case and he can sue against the National Park’s authority basing his argument on the different provisions of law. Larry can sue the authorities based on the provisions of the Civil Liability Act (CLA) that provides for safety measures in work places1. He can also sue for negligence and failure to observe the duty of care by the authorities.

However, subject to the above ruling, the defendant is bound to claim that the rock pool was cited as a place of interest. Defenses available to the defendant are that he was not aware that Larry and his friend were within the vicinity so there was no negligence on his part since he did not see them as they used a different route to get the pool. Besides, it was their duty to exercise care considering it was a new environment and exposure to them.Common law provides that if a person is injured as a result of negligence, then the person is entitled to full compensation in terms of damages, based on the court ruling extent of negligence and duty of care2.

On the basis of common practices, the case may be bound to be dismissed considering the rulings of other cases like it. However, under the civil liability legislation, Larry may be compensated for injuries he has sustained maintaining other provisions of law such as CLA.Works CitedTrevor, Atherton & Trudie, Atherton. Tourism, Travel and Hospitality Law. Canberra: Thomson Reuters Australia Limited, 2010.