Case notes by topic
causation
Case notes tagged “causation”.
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Picture hiddenMedical negligenceDelay case fails absent evidence of the outcome of a timely diagnosis
In Williams v Burton, the NSW Supreme Court held that an allegation of missed STI testing could not succeed without evidence that an earlier diagnosis would probably have avoided or reduced the claimed harm.
- Litigation & law practice
“Nothing accident” aggravates pre-existing condition on sideways sitting forklift?
A 36-year-old cold store employee with extensive experience in the operation of Reach forklifts – where the driver sits sideways to improve control getting in and out of narrow storage aisles has won a WorkCover appeal for what…
- Litigation & law practice
Boat thrill rider sprayed on disc thump
The Paradise Point outing in April 2010 was intended to give all staff who rolled up the thrill of an authentic jet boat ride on the Southport Broadwater, 14 passengers at a time.
- Litigation & law practice
Council worker crushed on $630k crack at never-before-seen machinery failure
The tipper was one of many belonging to the Gold Coast City Council vast fleet fitted with a hydraulic tray and a cab-controlled tailgate that swung on a horizontal axis to allow a load to be discharged underneath.
- Litigation & law practice
Single security guard assaulted on wedding duty by drunk guest, sues venue
In September 2007, a 14 yr retired police officer - now security officer - was assaulted while on duty at a wedding reception at the Victoria Point Sharks Sporting Club.
- Litigation & law practice
Blinded patient sues GP, Appeal court orders $6.7 mil for 3 day treatment delay
Nancy Mules consulted GP Kaylene Ferguson about neck pain on four occasions in September 2008.
- Litigation & law practice
Accident at sea: Carnival slammed on cruise injury lawsuit
Shipping giant Carnival Cruises has lost a court bid to prevent substantial damages being awarded to a cruise passenger for injuries as a result of part of its ship's ceiling collapsing over his head.
- Litigation & law practice
Dung dust illness not just coincidence, Bunnings to pay $700k in worker lawsuit
Hardware giant Bunnings has been ordered to part with $700k after an appeal court ruled against its refusal to pay compensation to a staff member who contracted a life-threatening condition from exposure to fertiliser dust at its…
- Litigation & law practice
Casino slotted for shift-worker’s ‘sleep debt’
A casino croupier who crashed when homeward bound at 4:00 am after a 12-hour shift has sued the casino for ignoring safety measures she claims would have prevented the accident.
- Litigation & law practice
Maccas safety suspect, chef fluffs $320k claim
A court has found McDonald’s safety practices to be lacking and customers exposed to injury hazards when cleaning protocols were allowed to be shirked.
- Litigation & law practice
BHP slammed on miner’s injury limitation block
BHP slammed for a questionable limitation strategy to try to prevent a graduate mine engineer exercising compensation rights after a serious injury in a Queensland coal mine.
- Litigation & law practice
Is single-engine flying training a dangerous recreational activity?
Court rules single engine flying training is a dangerous recreational activity with an obvious risk of the plane not be able to land safely or the pilot might in an emergency situation, make an incorrect decision.
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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