You're never ready when you are disabled by an accident. It
can be a devastating blow that changes your life forever. Financial
compensation won't fix the debilitating injury, but it can help
you get your life back on track. That's why it's important
to get good legal advice from experienced specialists in
Compensation cases can get very complicated when legal arguments
get bogged down over who was responsible for an accident. Take for
example this recent case: A man was working on a shed at a rural
property he was renting with his partner. They wanted to use the
shed as a stable and needed water. The agent told them it was their
responsibility as tenants to clear the shed gutters to connect tank
water. The inspection report by the agent said the shed roof was in
good condition. The man climbed on the roof to clear the gutters
but suddenly the roof collapsed. He was severely injured in the
fall, losing the use of his legs.
The man sought expert legal help. It was a difficult case. The
property owner said the agent was responsible. The agent blamed the
owner for not informing him of the condition of the roof. Under NSW
law the owner isn't obliged to provide an inspection report
done by a building expert and doesn't have to provide a
property completely free of defects. The injured man was also
likely to be held to be partly responsible as it was his decision
to climb on the roof that was old and weathered. In mediation the
man's legal team was able to win him a substantial settlement
to support him in his disability.
In another case a teenager was left badly disabled when the fork
holding the front wheel of his $1200 mountain bike collapsed. Even
though he was wearing a helmet he was left brain injured.
Scientific tests found casting defects in the metal compound of the
What followed was an international conga line of blame. The
boy's lawyers sued the importer of the faulty bike. The
importer sued the German manufacturer. The German sued the Taiwan
subcontractor that made the part. They sued another Taiwan firm
that fitted the part to the bike. After a huge effort the boy's
lawyers finally got the companies to court. Finally, on the fourth
day of the trial, the firms settled for an eight figure sum.
Most compensation lawyers work on a no win-no fee basis, so they
are highly motivated to get a good result for their clients.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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This was an interlocutory decision about the appointment of a tutor for the child appellant, to carry on his proceedings.
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