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Searching Content indexed under Personal Injury by Cooper Grace Ward ordered by Published Date Descending.
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1
Excess speed and contributory negligence – Ayre v Swan
NSW Court of Appeal increases a contributory negligence finding because of the grossly excessive speed of the plaintiff.
Australia
28 Aug 2019
2
Who is liable when security guards act contrary to their instructions?
Recent case highlights that occupiers will only be liable for matters over which they have control.
Australia
30 Jul 2019
3
Mixed bag for Metcash distribution centre claim
Article discusses some useful findings on issues such as pick rates, which will be helpful to distribution centre operators.
Australia
30 Jul 2019
4
Is helping out at the greyhound track a dangerous recreational activity? It can be
The ‘dangerous recreational activity' defence is a fact sensitive enquiry, so aspects of the activity could be dangerous.
Australia
26 Jul 2019
5
The world is not a level playing field: City of Sydney overturns trip and fall verdict on appeal
This case highlights the difficulties that plaintiffs continue to face in footpath claims against public authorities.
Australia
12 Jul 2019
6
QCA confirms school not liable for slip on grape by the teacher
Where a risk is foreseeable but highly unlikely to occur, employers are only expected to take reasonable precautions.
Australia
19 May 2019
7
The frying pan might be hot – community standards versus legal standards in contributory negligence cases
Where a system of work is deficient (or a safe system is not enforced), contributory negligence is not readily found.
Australia
9 Mar 2019
8
Employer ordered to compensate truck driver injured in punch-up
The employer was ordered to compensate a truck driver, injured when he became involved in a couple's domestic dispute.
Australia
10 Dec 2018
9
If its not in the pleadings, its not relevant – Whitley v Aldi Stores [2017] QDC 50
The plaintiff attempted to amend her statement of claim to make her pleaded case consistent with the expert opinion.
Australia
2 Apr 2017
10
Punch-up in course of a driver's employment BUT employer not required to compensate
Although injuries were found to be sustained in the course of employment, the employee was not entitled to compensation.
Australia
5 Sep 2016
11
Qld Government introduces a hybrid scheme to meet the interests of all state road users – the National Injury Insurance Scheme (Queensland) Act 2016
The Queensland Parliament passed legislation enabling the partial rollout of the National Injury Insurance Scheme (NIIS).
Australia
14 Jun 2016
12
McQuitty calls quits on the probability test for assessing future hypothetical events
The Queensland Supreme Court re-evaluated the test for assessing the likelihood of a future hypothetical event occurring.
Australia
 
6 Apr 2016
13
High Court rules that exception applies to presumption of contributory negligence for accepting a car ride from an intoxicated driver
Contributory negligence would not be presumed where a passenger accepted a car ride from an intoxicated driver.
Australia
22 Jan 2016
14
Who pays the costs associated with managing the fund management component of the damages? Gray v Richards [2014] HCA 40
An incapacitated plaintiff can recover from the defendant the costs associated with managing the fund management damages.
Australia
22 Oct 2014
15
Public hazard warnings: how obvious are the risks?
The plaintiff alleged negligence against the government entity that had the care, control and management of the area.
Australia
6 Jun 2013
16
Personal injuries case update: evidence
This decision highlights the burden to produce evidence to support every head of damage in a personal injuries claim.
Australia
5 May 2013
17
No liability found for injury where glass panel did not meet current Australian standards
The Queensland Court of Appeal has rejected a claim of negligence against a body corporate.
Australia
3 May 2013
18
Reversal of no liability finding for needlestick injury in Queensland holiday apartment
The decision confirms that rental property owners should implement thorough systems of regular cleaning and inspections.
Australia
20 Apr 2013
19
Indemnity costs and judicial discretion: don't let rejection of a genuine Calderbank offer backfire on you
The case provided a good illustration of the risks associated with rejecting a genuine and reasonable Calderbank offer.
Australia
23 Dec 2012
20
DUA (Driving Under Assumption) proves costly
A failure to keep a proper lookout is legally significant, even when the other driver fails to comply with road rules.
Australia
30 Sep 2012
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