Don’t trip up by failing to have a reasonable system of inspection6 September 2021 | Insurance & Health Law
A 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.
Council found liable for not watching their step13 August 2021 | Insurance & Health Law
The NSW Court of Appeal affirmed a decision that a local Council was liable for injuries sustained by the respondent after falling on steps located on a stepped pathway. A cross appeal on contributory negligence was unsuccessful, but on the percentage discount on past economic loss was successful.
The height of insignificance9 August 2021 | Insurance & Health Law
The NSW District Court held a 5 – 10mm footpath height differential posed an insignificant risk within the meaning of section 5B(1)(b) of the Civil Liability Act 2002 (NSW)
Public Authority’s attempt to limit its liability goes up in flames4 August 2021 | Insurance & Health Law
The Western Australian Court of Appeal clarified the interaction between the statutory and common law duties of Western Power as operator of the state’s electricity distribution system, in respect of its duty of care to avoid or minimize the risk of harm to persons from fire arising from use of...
Disembark this way – Court of Appeal rules on airport trip case21 July 2021 | Insurance & Health Law
The WA Court of Appeal considers the liability and contractual issues arising between an airline carrier, the owner/occupier of the airport and the entity providing ground handling services in circumstances where an injured person tripped and fell on a raised concrete plinth whilst crossing the...
Questions of liability and apportionment – Court of Appeal decides that statutory immunity prevents proportionate liability finding against concurrent wrongdoer3 June 2021 | Insurance & Health Law
In the recent New South Wales Court of Appeal decision of Woodhouse v Fitzgerald, the Court discusses the application of the proportionate liability regime under Civil Liability Act 2002 (NSW) in the context of the conduct of the Rural Fire Service whose officers are subject to a statutory immunity...