Rainy days and known risks burden occupiers2 February 2018 | Insurance & Health Law
The plaintiff slipped in an auditorium on rain water and successfully claimed that the council occupier should have taken precautions to stop the floor from becoming wet and slippery. In Issue The precautions required to be taken to prevent a parquetry...
Shopping centre escapes liability for injury to shopper23 November 2017 | Insurance & Health Law
Full Court affirms supermarket occupier delegated duty of care to contract cleaner and not liable for slip injuries. In Issue Whether Westfield properly delegated its duty of care. Whether Westfield was vicariously liable for the negligence of a contract...
Supermarket not liable for customer’s slip on grape22 September 2017 | Insurance & Health Law
Woolworths successfully appeals finding of liability for customer's slip on grape in supermarket. In Issue Whether the factual findings permitted a ruling of negligence Whether reasonable precautions were taken The Background On 25 November 2012, the...
Hotel occupier should have warned entrant of the presence of a raised timber platform in the lobby19 June 2017 | Insurance & Health Law
The appellant hotel occupier was liable for failing to take reasonable precautions to prevent the respondent from tripping on a raised timber platform in the hotel's lobby. The risk of tripping on the platform was not obvious and the respondent should...
Westfield not liable to plaintiff for non-party independent cleaner’s negligence24 May 2017 | Insurance & Health Law
Delegation of cleaning duties to independent cleaning contractor absolved occupier shopping centre from liability for serious injuries following slip and fall in common area. In Issue Whether delegation of cleaning duties to independent contractor...
Court of Appeal confirms bank did not owe duty to protect customers from criminal acts of third parties27 February 2017 | Insurance & Health Law
Unsuccessful appeal against the dismissal of a claim against the respondent bank for damages associated with a post traumatic stress disorder sustained during an armed robbery. In Issue Whether an occupier should be held liable for damages caused by the...