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No negligence in tragic accident

Thinking| 17 Sep 2019

No negligence in tragic accident

The District Court has recently dismissed a claim arising from serious injuries sustained in a fall from a roof, finding that the occupier had no duty of care to warn of an obvious risk of harm...

WA Insurance Round-Up – Issue 4

Thinking| 16 Oct 2017

WA Insurance Round-Up – Issue 4

Contents Case updates Workplace injuries Plaintiff wholly responsible for accident Court comments on roles and powers of arbitrators Authorities confirmed for questions of incapacity and reasonableness Action struck out where no common law election registered at WorkCover Adverse credibility findings not an error of law Section 60 – last resort Nurse failed to prove infection […]

WA Insurance update – Issue 3

Thinking| 22 Feb 2017

WA Insurance update – Issue 3

Contents Workplace injuries Pre-existing injury at work found not compensable Court confirms burden of proof and test for causation in workers’ compensation Solicitor’s failure to identify correct defendant denies plaintiff’s claim Strict termination notification requirement confirmed High Court confirms ‘but for’ test for causation Manufacturer’s liability Careless acts not reasonably foreseeable Motor vehicle accidents Turning […]

WA Insurance update – Issue 2

Thinking| 09 Nov 2016

WA Insurance update – Issue 2

Contents Motor vehicle accidents Failure to mitigate and exaggeration limits loss of earning capacity Workplace injuries Who watches the watcher? – No duty on labour hire company to supervise host employer’s enforcement of safe system You’re not the boss of me: principal not liable for injury to subcontractor Liability for a separate injury can be […]