NSW: Triathlete awarded $1.75m for bodysurfing accident

AAP General News (Australia)
04-04-2006
NSW: Triathlete awarded $1.75m for bodysurfing accident

By Vera Devai

SYDNEY, April 4 AAP - A champion triathlete crippled when he hit underwater stormwater
pipes while bodysurfing at a Sydney beach wants the fixtures removed or carry warning
signs.

Glenn Bennett, 26, today successfully sued Manly Council and Sydney Water Corporation
for $1.75 million after the bodysurfing accident at Manly in October 2000.

In the NSW Supreme Court today, Justice John Hislop found Mr Bennett was partially
responsible for the accident because he had been swimming outside the flags, and knew
the stormwater pipes were there.

"The total damages were agreed at $3,500,000 (but) after deduction for contributory
negligence of 50 per cent (Mr Bennett) is entitled to a verdict of $1,750,000," Justice
Hislop said.

Mr Bennett, who was the junior world triathlon champion at the time of the accident,
is now an incomplete quadriplegic, meaning he has no use of his legs and minimal arm movement.

Outside the court today, he told reporters he feared someone else would be injured
in the same way.

"I just hope that the council and water board take into consideration the problem with
the pipes," he said.

"At high tide they are extremely hard to see, so yes, there is a high possibility it
will happen to someone else.

"As far as I understand there are still no warning signs of the pipes, so hopefully
something will happen with that. Either they will take the pipes away, or sign them."

Mr Bennett's head struck one of two pipes that are 61cm in diameter and extend from
Manly Beach into the water. He broke his neck in four places.

The court today upheld Mr Bennett's claim that Manly Council and Sydney Water were
negligent for not having sign-posted the pipes or done a risk assessment.

But Mr Bennett, of Hornsby, said the victory was bitter-sweet.

"I've won the case but no matter how much money I get, I will still be in a wheelchair
for the rest of my life," he said.

"So you can look at it as a victory of sorts but I'm still in a wheelchair."

Comment was being sought from Sydney Water and Manly Council.

AAP ved/was/tnf/nf

KEYWORD: BENNETT LEAD (PIX AVAILABLE)

2006 AAP Information Services Pty Limited (AAP) or its Licensors.