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A UNTANGLING LIABILITY IN UNPROVOKED SHARK ATTACKS UNTANGLING LIABILITY IN UNPROVOKED SHARK ATTACKS # 59 58 // smorgasboarder // 36 Global shark bite deaths doubled in 2023 to ten with Australia recording a disproportionate number of shark attack fatalities when compared with anywhere else in the world, according to The Florida Museum of Natural History’s International Shark Attack File (ISAF). 1 While 40% of these fatalities occurred in Australia, the US leads the world (again) in unprovoked shark bites at 36, with ISAF studies revealing that surfers and others participating in board sports were the most likely to be attacked, accounting for 42% of bites. 2 Three of these four fatal attacks in Australia in 2023 occurred in a region known for its seal colonies and high density of great white sharks – the Eyre and Yorke Peninsulas in South Australia. One of these tragically involved a 15-year-old up and coming surfer, Khai Cowley, on the Yorke Peninsula. Each shark attack stokes new debate about shark protection measures and how to prevent such tragic loss of life for those enjoying our waters. Should the shark be hunted and killed? Are shark nets effective and are alternative shark protection systems required? And inevitably, who is to blame and who is liable? Do local and state authorities, being aware a particular shark has attacked a person, owe beachgoers a duty of care to reduce the risk of further attack? By say hunting and killing that shark? Or if a surf competition is aware of a shark near competitors, would event organisers be liable if they persisted with the competition despite that risk, and one of the competitors was attacked? In an unprovoked shark attack, liability will always depend on various factors, including the specific circumstances of the incident and the legislation that applies based on where the attack occurred. It’s advisable to consult with a local legal professional for specific advice. At the end of the day though, the risk of a shark attack remains extremely low - you are more likely to be struck by lightning than killed by a shark. 3 This extremely low risk of an incident occurring is one of the difficulties with any argument to impose liability on a council or other authority to say hunt and kill a shark after it has fatally attacked someone. Removing one shark does not avoid or even minimise the risk of another shark related incident. The other difficulty with the argument to impose liability is that by entering the ocean we accept we are entering their habitat and natural environment where the presence of sharks is a known risk. While it is difficult to imagine a situation where a surf competition continues despite knowing a shark is in the vicinity, the organising body could be exposed if a shark attack were to occur. This is because of their knowledge of the risk and their ability to control their participants’ exposure to that risk by halting the competition. Competitors will usually sign a waiver form prior to competing but in reality, it is rare for waivers to preclude the recovery of compensation. According to the ISAF, the uptake of fatalities in 2023 might be reflective of the increasing number of white sharks near popular surf breaks, particularly in Australia. Emersion in nature, through surfing or other water sports, involves a degree of unpredictability, and it is this inability to control the environment in which we surf that only adds to the beauty of it. 1 The Florida Museum of Natural History’s International Shark Attack File (ISAF) - https://www.floridamuseum.ufl.edu/ science/shark-bites-consistent-with-recent-trends-with-small-spike-in-fatalities/#:~:text=The%20University%20 of%20Florida's%20International,consistent%20with%20long%2Dterm%20trends 2 The ISAF 2023 Shark Attack Report - https://www.floridamuseum.ufl.edu/shark-attacks/yearly-worldwide-summary/ 3 The ISAF Annual Risk of Death During One’s Lifetime: https://www.floridamuseum.ufl.edu/shark-attacks/odds/ compare-risk/death/ schultzlaw.com.au i
∆ NYTHING YOU ∆ IMAGINE ≈ « WECAN CREATE okesurfboards.com 1/1-7 Canterbury Rd, Braeside, VIC P: 03 9587 3553 E: rory@okesurfboards.com
Page 1 and 2: 2024 smorgasboarder SURF magazine I
Page 3 and 4: 38 #59 contents 2024 62 70 82 12 Re
Page 5 and 6: for the seas... and POOL Eco-consci
Page 7 and 8: ou love PHOTOGRAPHY BY MATTY HANnON
Page 9: MADE IN AUSTRALIA FOR THE WORLD MIN
Page 12 and 13: EADER PHO reader photos # 59 // smo
Page 14 and 15: eader photos THE SMORGASBOARDER GIR
Page 16 and 17: eader photos # 59 // smorgasboarder
Page 18 and 19: memorium The Real McCoy Just as we
Page 20 and 21: news words by darren "curl" marks I
Page 22 and 23: news ITALIAN BALSA Mark Riley’s b
Page 24 and 25: BOYS IN BLUE news This time last ye
Page 26 and 27: news While perusing biological rese
Page 28 and 29: Across the ditch Winter isn’t A s
Page 30 and 31: STUFF Flexin' The godfather of flex
Page 32 and 33: IN! WIN!WIN! WIN! safe and sound )
Page 34 and 35: conTrOvERSy WhAt happeNs wheN AI ma
Page 38 and 39: photos: The Road matty to Patagonia
Page 40 and 41: The Road to Patagonia While he set
Page 42 and 43: The Road to Patagonia Amidst the ju
Page 44 and 45: The Road to Patagonia “Surfing in
Page 46 and 47: The Road to Patagonia As frightenin
Page 48 and 49: The Road to Patagonia ARTIC OCEAN N
Page 50 and 51: The Road to Patagonia #59 // smorga
Page 52 and 53: The Road to Patagonia “If we were
Page 56 and 57: The Road to Patagonia Each of these
Page 58 and 59: The Road to Patagonia Benefitted is
Page 62 and 63: interview with Jake Killen words: A
Page 64 and 65: GIVE YOURSELF A BOOST Boost electri
Page 66 and 67: One glance at Jake’s social media
Page 68: # 59 // smorgasboarder // 68 But hi
Page 71 and 72: Agata Dobrzynska DOSCOPE LIFE AS A
Page 73 and 74: INTERVIEW Agata Dobrzynska Growing
Page 75 and 76: As a littler woman weighing no more
Page 77 and 78: art At the moment, I’m just tryin
Page 79 and 80: gear It is important to remember th
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Page 85 and 86: “I guess that is why I see myself
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