Case notes by topic
obvious risk
Case notes tagged “obvious risk”.
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- Litigation & law practice
Wee hours tumble at roadhouse landmark
The BP Chinderah roadhouse is a welcome landmark for those driving South to the Tweed Coast as it signals they are approaching their destination and for those going further, it marks the start of the most picturesque part of the…
- 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
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
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
Island yacht charter lawsuit follows catamaran stairs fall
The failure to adequately brief an 80-yr-old charter yacht passenger before she boarded a vessel in Hamilton Island harbour is alleged to have caused the fractured spine that resulted from her fall down the galley stairs moments…
- 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.
- 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.
- Litigation & law practice
Fraser Island lake fall: state immunity claim fails, appeal judges rule for Irish tourist
Signs warning of some risk do not make all risks "obvious" for the purposes of Civil Liability Laws.
- Litigation & law practice
Skier towed onto sandbank, insurer argues boat sports unsafe
The tragedy occurred at picturesque Chinderah, about 1 km south of the Barney’s Point Bridge as the Tweed bends gently northwards for its last long sweep before emptying through its mouth, the Heads that bear its name.
- Litigation & law practice
Cycling not inherently dangerous: rider defeats council on Shorncliffe roadworks wreck
The Brisbane City Council has failed in its Civil Liability Act bid to hold out a fitness rider from injury damages after he was thrown from his bike on encountering unfinished bitumen resurfacing on a suburban bayside…
- Litigation & law practice
State files appeal in Fraser Island tetraplegia claim
A spinal injury compensation victory for an Irish tourist arising from an excursion to an inland Fraser Island lake in September 2007 is a subject of an appeal lodged by the state of Queensland against the April ruling that sees…
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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