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Searching Content indexed under Personal Injury by HopgoodGanim ordered by Published Date Descending.
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1
Occupiers liability: clear warnings required to alleviate risks associated with guest use of recreational facilities
Occupiers are required to install clear warnings to patrons utilising recreational facilities at their premises.
Australia
9 Mar 2017
2
Insurer succeeds in recovering settlement proceeds from fraudulent claimant
This UK case was a most interesting decision on the effect of fraudulent misrepresentation in a personal injuries claim.
Australia
1 Mar 2017
3
Slippery when wet: When inviting your ex over goes horribly wrong
A reasonable person would have ensured that the steps were dry or at least warned the plaintiff that they might be wet.
Australia
29 Dec 2016
4
Contributory Negligence: The law helps those that help themselves (and reduces damages for those that don't)
Despite her success, the NSW court reduced the damages payable to the plaintiff by 50% for contributory negligence.
Australia
26 Sep 2016
5
Late claim allowed for medical negligence: When is expert opinion a material fact of a decisive character?
The Court allowed an extension of the statutory limitation period for a belated claim of damages from medical negligence.
Australia
7 Jul 2016
6
Host employer determined to exercise complete control over worker
This recent WA decision will be an important decision in matters involving negligent acts of labour hire employees.
Australia
4 Jul 2016
7
Claim dismissed: Queensland Court of Appeal upholds 50% contributory negligence finding
The Appeal Court saw no reason to interfere with the Trial Judge findings, described as soundly based in the evidence.
Australia
27 Jun 2016
8
Assessing damages in light of pre existing conditions: the test in Malec v Hutton affirmed
The case confirms that the assessment of past and future hypothetical facts must be done on the degree of probability.
Australia
17 Apr 2016
9
There's no place like home (office): Court considers the applicability of the CLA to journey claims when working from home - 24 March 2016
The mere fact that an employee performed some work at home did not automatically turn that home into a 'place of work'.
Australia
28 Mar 2016
10
Injuries sustained post resignation found to have arisen - out of or in the course of employment
Whether a worker's injuries occurred "out of or in the course of their employment" depends on facts and circumstances.
Australia
4 Mar 2016
11
Welcome decision for employers as worker's late claim for damages is rejected - 27 January 2016
The Court dismissed the application for an extension of the limitation period in respect of a belated claim for damages.
Australia
28 Jan 2016
12
Hotel not liable for intoxicated patron falling off chair - 27 November 2015
The SA Supreme Court upheld a decision in favour of a hotel sued by a patron who fell off a chair while intoxicated.
Australia
2 Dec 2015
13
Car park assault: employer and occupier not liable for cleaner's injuries - 20 October 2015
The Court found in favour of the employer and the occupier, who were sued by a cleaner who was assaulted in the car park.
Australia
26 Oct 2015
14
Slippery steps a source of strife - duty of care - 15 September 2015
Home owners in Queensland with regular workers or carers should consider obtaining a Household Workers' Insurance Policy.
Australia
17 Sep 2015
15
Worker who caused his own injury was denied damages - 11 September 2015
Causation remains an essential element of any claim in negligence against an employer, as shown in this recent decision.
Australia
16 Sep 2015
16
Council not liable to motorcyclist for unlawful act of third party - 31 August 2015
The local council's duty of care did not extend to protecting a motorcyclist from the unlawful conduct of third parties,
Australia
8 Sep 2015
17
Exclusion clause fails to prevent recreational facility being found liable for quad bike accident
This alert discusses exclusion of liability clauses in contracts involving risky activities at recreational facilities.
Australia
19 Aug 2015
18
Applicant/insurer not entitled to have claimant examined by a different doctor
Without further evidence, the Judge held the request to be unreasonable and repetitious and dismissed the application.
Australia
5 Aug 2015
19
Another claim for injuries arising from an assault fails on appeal
This NSW decision applied a similar common sense approach in relation to an assault by a fellow member at a bowls club.
Australia
24 Jul 2015
20
Claim for compensation reinstated by AAT despite a finding that symptoms were exaggerated
The AAT overturned a decision of Comcare to discontinue a claim for compensation by a house attendant at The Lodge.
Australia
10 Jul 2015
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