Tiger Airways Case

The focus of this questions appears to be on tort of negligence.

Tortoiseshell Island which located on the west coast of Australia. The island known to public and there had been many visitors coming to the beach. It is stated that in recent years, the concern has increase about the dangers of the water and in particular of the sharks. Sharks attack has gratuity increase. According to the case, several lifeguards were patrolling the beach, two flags has been created on the beach that designed a safe swimming area. Unfortunately, there were no signs on the beach to provide the inform that about the beach or local issues. Frank was bodysurfing within the flag. He had been swimming without incident for half an hour and cause several waves but on the last wave was dumped into a sand bar. Frank was injured. During the Frank was injured, there are another people called Matte death because he was attached by sharks.

In this case, the injury happened because of negligent of the lifeguards. According to Patrolled beaches: Swain v Waverley Municipal Council. Mr. Swain was seriously injured and became a quadriplegic when he struck a sandbar lying beneath the surface, after diving through a wave about 15-20 metres from the shore at Bondi Beach, Sydney, in November 1997. Mr. Swain could not see the sandbar as he was wading deeper, before he dived. The evidence was that Mr Swain was swimming between the flags.The flags refers to two movable flaposts, each with a yellow and red flag, which signify that people can swim safely, provided they swim between the flags. The beach at this point was patrolled by lifeguards who were able to see the sandbar in the water from their elevated viewing platforms because of variations in the colour of the water and the breaking of the waves in the region of the sandbar. The jury found that the council had been negligent because the council lifeguards, who must care about swimmer's