On the road
Road & footpath injuries
Case notes on falls and injuries caused by roads, footpaths, car parks and other surfaces.
Newest first
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Picture hiddenRoad & footpath injuriesAttention drawn away from hazard; speed hump risk not obvious
The NSW Court of Appeal held that an unpainted carpark speed hump was not an obvious risk where other irregularities were highlighted in yellow.
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Picture hiddenRoad & footpath injuriesExcited for sure but dog’s propensity to escape unproved
At about 7.00 am in July 2021, Harold Lockhart, then aged 73, was walking his Cavoodle along the footpath opposite a residential property in Mountain Creek on the Sunshine Coast.
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Picture hiddenRoad & footpath injuriesSecond-hand trauma a question of degree
Can an at-fault driver be responsible for nervous shock sustained as a result of being told that a family member has been involved in a minor traffic accident?
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Picture hiddenRoad & footpath injuriesReal estate agents sued for open house driveway injury
Can agents be held liable for failing to take adequate precautions to prevent injuries to potential buyers from hazards in homes they open up for inspection and any driveway injury?
- Road & footpath injuries
High roller denied procedural fairness: “serious reservations” on judge’s directions
A guest injured in the driveway of The Star Gold Coast after loading luggage onto a trolley has convinced an appeal court that a trial judge's dismissal of his $2 mil damages ask involved a gross denial of procedural fairness to…
- Road & footpath injuries
North-South accord on antidote to civil liability road authority immunity
With what degree of specificity must the risk of a particular injury have been foreseen by a wrong-doer, to neutralise the road authority immunity against liability that is bestowed by Civil Liability Act s 37.
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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