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Category Archives for Case Studies
Child Rendered Tetraplegic After Diving into Hotel Swimming Pool – Hotel Found Liable
by Emily BilliauFollowing a 3 day trial in the Supreme Court of Queensland, Gympie Motel has been found liable in negligence for catastrophic injuries sustained by a 12-year-old plaintiff when she dived into the swimming pool at the hotel in 1998. In the decision of Lennon v Gympie Motel [2016] QSC 315 liability was apportioned 85% to the […]
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What happens if you are injured while visiting a friend or family member at their home?
By Sarah Carlisle While you are a visitor at someone else’s home, the owner or occupier of the home owes a duty to take reasonable care for your safety. Hazards such as inadequate lighting, rain on driveways and paths, rotting decking, loose balustrades, falling foliage and other debris are all prone to cause accidents in […]
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Liability in light of the Dreamworld tragedy
By Lucy Kelsey Theme parks are supposed to be a place of fun, adventure, and excitement. However, as we have seen in the recent tragedy at Dreamworld, disasters can happen. The Thunder River Rapids accident has been named one of the worst in Australian amusement park history. Unfortunately, the Dreamworld tragedy is just one of […]
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Car accident forces man to live in a tent – $1.2 million award
By Lucy Kelsey In Martin v Andrews & Anor [2016] QSC 20, the Plaintiff was rear-ended at speed and shunted into the car in front. He sustained whiplash injuries, including a moderate lumbar spine injury and a minor cervical spine injury. The plaintiff was 39 years old at the time of the accident, and had […]
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Pedestrian Recovers Damages from an Unidentified Vehicle
By Tina Ibraheem In a District Court decision, in which the firm was involved in, namely McLean v Nominal Defendant, an injured pedestrian was able to recover damages against the Nominal Defendant, as the relevant third party insurer of an unidentified vehicle. We acted on behalf of Mr. McLean who recovered damages from the Nominal […]
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Slip and fall incidents
By Tine Ibraheem Unfortunately, every year many thousands of people are injured after slipping and falling in public places (such as supermarkets) or whilst visiting private premises (whether the fall is caused by a slippery substance on the floor, food produce or any other hazardous item or surface). Slip and fall accidents are often embarrassing […]
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Is a cyclist colliding with a closed boom gate an obvious risk thus not compensable?
By Tina Ibraheem In Simmons v Rockdale City Council the Defendant (Rockdale City Council) argued that an injured cyclist should not be awarded compensation because the accident was caused by him not keeping a proper look out, and the accident was the result of an ‘obvious risk’ of the dangerous recreational activity of cycling. BACKGROUND In this case, […]
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Bicycle Injury
It is an unfortunate reality of riding a bicycle that if you are involved in an accident with a motor vehicle you will probably end up suffering fairly significant physical and/or emotional injuries. Accidents happen. It is an unfortunate fact of life. And that is why there is insurance for injury compensation to cover you […]
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