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Don’t trip up by failing to have a reasonable system of inspection
6 September 2021 | Insurance & Health LawA schoolgirl who sustained an ACL injury during a weekend school touch football match failed to establish that it was caused by a hole or depression on the field, and her claim against the local council and the school was dismissed.
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Do you even lift?
26 July 2021 | Insurance & Health LawThe New South Wales Court of Appeal has upheld an earlier finding of negligence against a gym operator for failing to enforce its own rules requiring members to put weights away after use and, alternatively, failing to ensure staff put the weights away.
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Spear tackles…it’s still the thought that counts
10 December 2020 | Insurance & Health LawThe New South Wales Court of Appeal upheld Abadee DCJ’s decision that the appellant, who suffered injuries from a spear tackle during a game of Rugby League, could not bring a claim at common law as there was no “intent to injure”. In...
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It’s all downhill from here
4 December 2020 | Insurance & Health LawCourt rules in favour of Perisher Blue and adds skiing to long list of dangerous recreational activities recognised by the courts. In Issue Whether skiing in a dangerous reactional activity as defined in the Civil Liability Act 2003 (NSW)(CLA). Whether...
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There is no horsing around when it comes to dangerous recreational activities
16 November 2020 | Insurance & Health LawUnsuccessful appeal against a finding that campdrafting is a dangerous recreational activity and quadriplegic injuries sustained were the result of materialisation of an obvious risk. In Issue Whether the Australian Bushmen’s Campdraft & Rodeo...
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Are clubs and regional sporting groups now required to advise volunteers not to grab mugs of burning oil? Yes, according to the Tas Supreme Court
4 November 2020 | Insurance & Health LawA community bowls club volunteer cooking a BBQ at a barefoot bowls event has successfully sued the club in negligence after he suffered burns to his hand when removing a mug of burning oil from beneath the BBQ. In issue Defining the risk of harm in...
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