Australian Tourism and Hospitality Law Case Study

Australian Tourism and Hospitality Law - Case Study Example This island is managed and swimming. The Western Australian State Government had mandated the Island Authority to manage the island. There have been increased concerns over of the dangers posed by sharks in the water, according to the fishermen, shark sightings have increased in the local water, which poses a risk to the swimmers and fishermen. The fears of the fishermen were confirmed by an incident that occurred in 22nd October, during this day, Frank, who was swimming within the flags, was dumped into a sand bar, and when he was pulled from the water by the lifeguards, and taken for medical treatment, Frank was found with a fracture of his cervical vertebra. The fracture left him paralyzed from the waist down. Later in the day, there was a shark alarm, sounded by lifeguards for people to clear the water, however, Matt, who was 100 meters from the shore, was taken away and his body was never found. The events on this day leave a question of whether the Island Authority is liable fo r the Frank’s injuries and the death of Matt. Looking at the facts of this case, the Island is under the management of the Island Authority, therefore, the Island Authority is responsible for the safety of those fishing, swimming and camping on the island.1 This follows that Matt and Frank were visitors to the island; therefore, their safety was in the hands of the Island Authority. ... Looking at the statistics, 50 years before the year 2000, there was only one fatal attack in these waters, but within the last 5 years, there have been six attacks from the shark on the west coast, and these attacks were fatal. In addition, according to reports, there were 16 attacks near the sea, where the victims suffered serious injuries but survived. The Island Authority should have these statistics, and if they have them, then they should be more vigilant near the sea and in the water; they should have taken extra-measures to minimize the dangers caused by the sharks. When Frank got hurt, he was swimming within the flags; these flags indicated that the waters he was swimming in were safe, therefore, he had no worries about his safety. The same applied to Matt. This can only mean that the water was not inspected at all or the inspection was not well done, and considering the reports on the increasing shark attacks, the Island authority can be accused of negligence. In addition, t he boat patrol is supposed to be done all the time, and they are supposed to be several boats and not one, if this was the case, maybe Matt could have been saved in time. Moreover, the Island Authority is not well equipped with the disaster management equipment, and the procedure used for clearing people from the water and rescuing people is not well organized. Knowing that people might not be quick enough to clear the water when the shark alarm is sound, the Authority did not take an initiative to necessitate quick water clearance. Again, most of the people visiting the Island for recreational activities are not locals, and this means that they are not aware of the dangers posed by sharks in the water in this region.3 Therefore, it