Occupier and employer equally liable for swim teacher’s injuries4 November 2016 | Insurance & Health Law
In Issue Consideration of leave to appeal apportionment of liability finding against occupier and employer The Background On 23 April 2005, a swimming teacher, Ms Balassone, injured her right knee after falling into a public swimming pool while conducting...
Court of Appeal affirms homeowner’s liability for slip on wet tiled steps4 November 2016 | Insurance & Health Law
In Issue Whether the trial judge’s findings on foreseeability and lack of reasonable care were supported by the evidence and affected by hindsight bias. The Background Kaylene Chandler (the respondent) sustained serious injuries when she slipped on...
Council and insurer successfully appeal finding of liability to injured subcontractor17 October 2016 | Insurance & Health Law
In Issue Liability of Council as 'quasi-employer' of plaintiff injured in the course of employment performing contract work for Council. Liability of GIO as public liability insurer of plaintiff's former employer. The Background The plaintiff...
Principal not vicariously liable for system of work designed and imposed by a subcontractor13 October 2016 | Insurance & Health Law
In Issue Whether a principal can be held vicariously liable for the acts of a subcontractor. The Background On 14 March 2005, Mr Mark Lee (the appellant) sustained a back injury whilst manoeuvring boxes of soft drink on the back of his truck that had...
Court finds Council not in breach of statutory duty13 October 2016 | Insurance & Health Law
In Issue Whether or not a local council breached its statutory duty to maintain and repair public roads under the Road Management Act 2004 (Vic). The Background The plaintiff, Quality Roads, was a company in the business of providing road maintenance...
Council liable for injuries caused by protruding stormwater pit13 October 2016 | Insurance & Health Law
In Issue Whether a reserve was properly classified as 'roadside' or a 'pathway' for the purposes of the Road Management Act 2004 (VIC). Whether the Council had properly identified the stormwater pit as a hazard posing a risk to pedestrians...