duty of carePage 2

• Litigation & law practice

  Sixteen schooner a day miner survives tax and drug slurs: escapes with $380k and pride

  In a Supreme Court verdict published last week, a Cardwell mine worker's exaggerated recovery from youthful sporting injuries slashed the compensation awarded for his August 2005 work site accident at Century Mine in Queensland's…

  24 January 2012
• Litigation & law practice

  Court excuses car owner from $200k liability because parent there to make joyride call

  After Christmas day lunch in 2005, 17-year-old learner driver Debbie-Jo Simpson got permission to take a farm vehicle for a drive with her brother Sam.

  18 October 2011
• Litigation & law practice

  Unpaid helper wins $250k for tree-lopping fall: damages to cushion labour market risk

  A volunteer tree-trimmer has held a $250,000 damages verdict after the homeowner he offered to help failed to convince an appellate court that no duty of care was owed because the assistance given was unpaid.

  23 August 2011
• Litigation & law practice

  Insurer intoxicated after pedestrian hit on appeal: take a further 20% off

  Allianz failed to overturn a $160,000 running down verdict on the grounds the trial judge had engaged in unsupported speculation by relying on her “own experience in life” to conclude that its insured driver had failed to keep a…

  24 July 2011
• Legal profession

  Broken neck from dive into Fitzroy River: "high" risk known to council

  The Supreme Court has ruled on the claim of a 17-year-old student who sustained quadriplegia in September 2002 when his head struck the river bed during after-school play resulting in $5 million agreed damages.

  13 March 2011
• Litigation & law practice

  Cycling in park: no obvious risk, plaintiff succeeds

  The NSW Court of Appeal * recently addressed "obvious risk" under that state’s Civil Liability Act and came to similar conclusions to the Bardon burnout case.

  23 September 2010NSW Court of Appeal

Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.