obvious riskPage 2

• Litigation & law practice

  Legless lass chalks up litigation loss in "I’ll rip your head off" hotel confrontation

  A 28 yr old would-be police officer, who broke her ankle by falling into an unguarded stairway void at South Brisbane’s Chalk Hotel in the dying hours of an alcohol-fuelled year-end celebration in December 2007, has failed in an…

  25 June 2012
• 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.

  28 February 2012
• Litigation & law practice

  Sidewalk straddler smacked: $124k for pedestrian wing mirror blow

  The Supreme Court this month ruled that pedestrians have every right to stroll on a roadway surface, awarding compensation to a Rockhampton teenager who had been swiped by the wing mirror of a passing van.

  24 February 2012
• 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
• 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
• Litigation & law practice

  Burnouts not Dangerous recreational activity: crash risk not obvious: Plaintiff recovers $80k

  The Civil Liability Act contains complex concepts of "obvious risk", "inherent risk" and "dangerous recreational activity". Nearly 8 years on, there remains a paucity of judicial guidance.

  1 September 2010District Court of Queensland

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