Sar wrote:3. Public liabilty – does that mean that through our ineptness in surfing we will we open to sueing if we cause an accident? I think Johnny B alluded to the ridiculousness of this at the start of the thread.
It's not ridiculous at all - under common law in the UK, you owe a duty of care to your neighbour. If you injure them, you can be sued for negligence. The extent of the tort is the tough bit - engaging in something like surfing is obviously dangerous, so you could reasonably expect to be injured, but I would think if someone does hurt you and does not take precautions to avoid that happening, eg not wearing a leash, then you could definitely have a go at them legally.
I would hazard a guess that it's the same in NZ too for Roy, as NZ law has its foundations in English common law.
Personally, I hope that it never happens. The last thing anyone needs is 0800 SUETHEM or whoever hanging around at the beach handing out flyers.
Have a google for the well known case of Donoghue v Stephenson, which initially established the principal, and is about someone drinking a rotten snail.