Case notes by topic
civil liability act
Case notes tagged “civil liability act”.
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Picture hiddenAdequate system of workWorkshop’s system of work hazard not of landlord’s making
The NSW Court of Appeal explains why a commercial landlord's duty to repair a defective ramp did not make it liable for a worker's manual-handling injury.
Picture hiddenDamagesAt-fault accident yields DIY claimant just $8k for ‘exacerbation’
In McMillan v Trad, the Supreme Court of Queensland considered how a plaintiff can prove a later car crash caused compensable harm distinct from longstanding chronic pain.
- Litigation & law practice
“Slight shudder” roundabout crash yields $540k for driver
A bus driver who "exaggerated" the force of a traffic accident and the extent of her injuries has been awarded substantial damages by a Brisbane court.
- Litigation & law practice
Footpath fall – Council faulted on poor response to slippery footpath risk
A local authority that received numerous complaints of water leaking over a sidewalk and causing several pedestrians falls has claimed it had no responsibility to rectify the problem more than 15 months after the first complaint.
- Litigation & law practice
Court rolls insurer on water-ski liability immunity & policy exclusion, $800k for severed foot
A freak accident resulting in a serious injury to an army private during a ski run on the Ross River in Townsville has been litigated in the ACT Supreme Court.
- Litigation & law practice
No helmet, no problem in $2.2 mil skateboard brain injury compensation award
How much responsibility should be allocated to a 12-yr-old boy who fell from his skateboard while hitching a ride behind a car?
- Litigation & law practice
Is quad biking a ‘dangerous recreational activity’?
A child’s tragic quad bike accident has resulted in an authoritative and concise description of the complex interface between statutory guarantees, waivers and liability immunities associated with potentially dangerous…
- Litigation & law practice
Boat fire pastor stays on full pay but duty to re-pay church helps in $700k win
A Townsville outboard motor repair shop has been held liable for income loss sustained by a customer as a result of severe injuries caused by its workmanship.
- Litigation & law practice
Moreton Island boat too close, too fast: run-down diver wins $675k
It was a perfect Sunday in June 2008 when the pair sped from Scarborough across the calm waters of the bay, for a morning of spearfishing at Cape Moreton.
- 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
‘Glow in the dark’ bowling lane action a slippery affair
A worker who slipped on the lacquered surface of a bowling lane during a work arranged tenpin play-off, has sustained a $261k injury as a result of her fall but penalised 40% for her own contribution to the accident.
- Opinion
Dear America: A letter from home down under
The relish with which contra-consumer measures have been legislated by governments of all persuasions since 2002, represents a stamp of the foot by the political class and big business, in retaliation against the citizenry for…
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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