A soldier has won $800,000 in damages after his foot was ripped off when he became tangled in a tow rope in a freak jet ski accident.
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Nathan Whittington was an 18-year-old army recruit posted to Lavarack Barracks in Townsville when he went water-skiing with two brothers, who were also army recruits, in November 2010.
He was acting as a spotter on the back of a jet ski being driven by one of the brothers when the pair turned around to pick up the other brother, who had fallen into the Ross River.
The jet ski struck the wake of another boat that was on the river, propelling Mr Whittington into the water, where his foot became entangled in the rope and was amputated.
Mr Whittington launched civil action in the ACT Supreme Court against the two brothers for negligence, claiming they had failed to properly instruct him how to use the tow rope, and how to brace himself while he was sitting at the rear of the jet ski.
He also argued the pair failed to give him notice the jet ski was about to cross the wake and could grow unstable, and that the brother driving the jet ski didn't avoid unnecessary sudden movements that might have made him fall off.
The brothers pleaded an immunity from liability over Mr Whittington's injuries under a provision in Queensland law which protected a defendant from harm suffered as a result of an obvious risk of a dangerous recreational activity.
The pair's third party insurer, Allianz, also denied liability on grounds the brother driving the jet ski was not licensed under Queensland law at the time of the crash.
Two boating experts called to give evidence in the case agreed the speed at which the jet ski driver was travelling would have been excessive if it was making a sharp turn.
They said Mr Whittington should have been instructed to try not to pull the tow rope until the jet ski had nearly stopped because of a risk it could get tangled in the jet ski's propulsion system.
One of the experts said the driver should have told Mr Whittington to brace before he turned to collect the brother who had fallen into the water.
Associate Justice David Mossop, in a judgement handed down on Monday, found the defendants had not established immunity under the act and were liable.
He said the brothers should have taken simple precautions to make sure Mr Whittington, a novice boater, knew to lift the tow rope only when the jet ski was almost stopped, and should have given him some warning about holding on to the vehicle.
But he also said the risk of Mr Whittington falling off the jet ski and getting tangled in the tow rope was "far from obvious".
"Indeed it appears to have been an unusual coincidence of circumstances which led to the plaintiff suffering his injury."
He also found that no part of Mr Whittington's injuries were caused by the fact the jet ski driver was unlicensed, meaning Allianz had no grounds to refuse to pay the claim.
Associate Justice Mossop ordered the two brothers pay Mr Whittington $800,000 in damages, and said the insurer had to pay the same amount to the pair.
