Case notes by topic
duty of care
Case notes tagged “duty of care”.
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Picture hiddenPsychological injuryTraumatised by SBS doco: caseworker wins $1.4 mil psych damages
The NSW Court of Appeal dismissed DCJ's appeal after a caseworker suffered psychiatric injury on watching a documentary segment about a former client.
- 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
‘That’s not a knife’: accidental stabbing not employer’s fault
An earthmoving contractor has been sued for a stabbing wound from the owner’s son to a co-worker at a Redbank Plains construction site during a lunch break.
- 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
Boat cruise punch-up leads to workplace lawsuit
A year end staff & family day trip to Stradbroke Island ended in a king hit from another passenger that knocked out and seriously injured one of the workers.
- 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
Judge overruled on anti-jogger decision
A judges' decision to refuse personal injury compensation to a jogger who collided with an SUV in suburban Kallangur has been ruled by three appeal judges, as illogical and unreasonable.
- Litigation & law practice
Mover injured walking desk through study, claim Fritzzed
To succeed in a personal injury compensation claim, the injured person must prove the injury was caused by a breach of duty owed to them or that something ought to have been done by that person that would have prevented the…
- Litigation & law practice
Workbench injury a private affair – Court
The presence of metal cupboard handles beneath a collating desk created an obvious risk of a knee injury which his employer ought to have removed, according to 36 yr old call-centre worker Ian Larkin.
- Litigation & law practice
Employer defeats $300k claim, not liable for employee’s "own carelessness"
A 28-year-old first-year apprentice electrician who was “roughing in” power cables to a Palm Beach apartment building in June 2008 was following a workaround procedure to prevent the cables being forced up against sharp framing…
- Litigation & law practice
Glaring errors absent in remote rest-stop trip damages payout
It took two trials and as many appeals before three judges, last week finally put Sonia Littlejohn's bitterly contested compensation award against the Julia Creek Town & Country Club beyond further dispute.
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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