Case notes by topic
contributory negligence
Case notes tagged “contributory negligence”.
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Picture hiddenFactory accidentVisible factory danger not an obvious risk of injury
The NSW Supreme Court found Visy and DME equally liable after a DME worker struck his head on a low-hanging pipe at Visy’s Tumut paper mill. Damages remain to be finalised after a 20% reduction for contributory negligence.
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Picture hiddenSport injuryLow risk becomes a major risk when magnified by repetition
The Supreme Court of Victoria found Whittlesea City Council liable after a 23-year-old cricketer was seriously injured while vaulting a boundary fence between an oval and cricket nets.
- 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
Insurer hits back at $390k home upkeep damages for neighbour’s pathway fall
In steady rain and fading light Sue-Anne Sanig farewelled her 90-yr-old neighbour to descend – umbrella in hand – a garden path and trudge 500m along the road below to her front door.
- Litigation & law practice
UK tourists fail to Captain Cook, campervan U-turn splatters Sunday morning bikers
They arrived in Melbourne from a bitterly cold UK winter just two weeks earlier and were making their way north along the coast basking in Queensland’s December warmth.
- Litigation & law practice
High speed country road gravel smash nets downed rider $615k
When Mark James set off on his motorcycle on a sunny Sunday morning in November 2011 for Gladstone, he had no idea that a few hours hence his life would be forever changed.
- Litigation & law practice
Fall from cliff top at night to beach below not of council’s doing
A long weekend beach getaway to celebrate the 40th birthdays of two of the merrymakers ended in tragedy at Stradbroke Island’s Point Lookout.
- Litigation & law practice
‘Inattentive’ ferryman paid: Ferry Co to splash out $1 mil for sill(y) error
As elegant as are the ships of their fleet, ferries that ply the waters of Sydney Harbour are responsible for their fair share of maritime mishaps.
- 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
Airport kerbside bang-up, lawyer’s damages cut
A lawyer struck by a minivan as he stepped off the kerb outside terminal two at Sydney's Kingsford Smith airport in May 2008 has successfully withstood an appeal against a court ruling in his favour that awarded $328k damages for…
- 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.
- Litigation & law practice
Motorcyclist sues for stones on road, wins $1.3 million
Boral and a local council have been ordered to pay injury compensation for a motorcyclist losing control on loose stones washed onto road by heavy rain just days after they completed a roadway upgrade.
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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