Best To Err On The Side Of Extreme Caution

Newcastle Herald

Tuesday March 1, 2005

Joanne McCarthy

THIS is one of those modern stories that has you tut-tutting at the end about how things used to be different in the good old days.

A girl of about 14 decided she wanted to try her hand at acting.

So she found the name of a local drama society and auditioned for a part in a musical.

She told the organisers, all dedicated amateurs, that she wanted to audition for a speaking part, could probably sing if pushed, but had no dancing experience.

The part she eventually won included some dancing, which surprised the girl and her parents.

But she thought she'd give it a go and turned up at a local hall a week or so later for the first rehearsal. That was when things went pear-shaped.

In a statement of claim supporting the girl's legal action for $750,000 damages, her solicitor alleged the girl was "instructed to practise a dance routine involving a high jump and spin".

She tried, failed, and landed so heavily on the stage floor that she allegedly lost consciousness for a short period, loosened four teeth, and experienced a list of other injuries spelt out in her claim.

That was in early 2001. It happened at a community hall on the Central Coast, and was finalised with a short hearing yesterday.

The first legal action taken by the girl's father on her behalf was against an incorporated body representing amateur theatre groups. The girl's medical and dental bills were covered by the association's insurance. The girl's solicitor said on Friday that she received compensation over and above that. But it didn't end there.

The girl's father initiated later action against the amateur theatre company, the production director, musical directors and choreographer.

It was alleged the defendants had a duty of care to ensure the girl "was not exposed to a risk of injury in attempting to perform dance routines which were beyond her ability and expertise".

The claim alleged negligence on the part of the theatre company and the four named defendants for not ensuring an age-appropriate dance routine, failing to "ascertain the nature and extent of her dance training" and instructing her to attempt a dance routine which was "inherently dangerous".

The statement of claim alleged the girl "suffered physically and emotionally as a result of the injuries".

There was considerable to-ing and fro-ing between solicitors for both the claimant and the defendants, the district court that was to have heard the matter, and the registrar at the local court.

In the end, after legal bills were amassed on each side, the girl's father discontinued the second action on his daughter's behalf, because she was ready to start university and put the matter behind her, to the relief of the theatre company and its members.

The moral is the duty of care owed by any organisation to those it comes in contact with, and the need for organisations to protect themselves in case of problems. Anything less is just dancing on thin ice.

jmccarthy@theherald.com.au