damagesPage 7

• 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
• Litigation & law practice

  No witnesses, No recollection & intoxicated: Ambulance records only evidence of causation: Plaintiff wins $200,000 for fall into drain

  In an encouraging case for plaintiffs, the New South Wales Court of Appeal * has recently shown that even an absence of recollection, eye-witnesses and sobriety may still lead to substantial damages.

  30 August 2010New South Wales Court of Appeal
• Litigation & law practice

  Fitness training not sport: Trainers sweat $80k for broken ankle; escape crunch for disc prolapse

  Courts in Queensland and New South Wales have recently ruled on the liability of personal trainers for injuries sustained by their clients.

  4 August 2010
• Legal profession

  ‘U r served’: Court orders damages claim to be notified by Txt

  A Queensland court ordered this morning that a defendant be served with a compensation claim by way of SMS message to his mobile phone.

  3 August 2010

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