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Searching Content indexed under Personal Injury by Kott Gunning ordered by Published Date Descending.
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1
Look out! Pedestrians running in front of vehicles - avoidable or not?
The Court needed to determine if the defendant was negligent when the pedestrian ran across the path of her vehicle.
Australia
30 Aug 2018
2
Assessing damages for injuries sustained as a 7-year old, 14 years later
Liability for the accident had been admitted by the Defendant so the judgment only dealt with the assessment of damages.
Australia
21 Dec 2017
3
Supreme Court of South Australia increases exemplary damages award.
SA Supreme Court increases exemplary damages to James Hardie victim who contracted terminal mesothelioma.
Australia
29 Nov 2017
4
The Workers Compensation and Injury Management Amendment Bill 2017 (WA) – what you need to know
Bill aims to increase entitlements for dependants of deceased workers and to simplify and expedite the claims process.
Australia
29 Nov 2017
5
WA workers compensation - connection between reasonable treatment and a compensable injury
Before considering reasonable treatment, establish that treatment is for a compensable injury, or a direct result of it.
Australia
3 Nov 2017
6
He either had Nic Naitanui-like skills, or the boundary line was too close to the fence
Without effective delegation, the Council still owed a duty of care to ensure the safety of users of the facility.
Australia
29 Sep 2017
7
Sour grapes: Supermarket liability in causal act of negligence
Where there is a risk of slips, trips and falls, this case shows that reasonable precautions are the key, not perfection.
Australia
3 Sep 2017
8
Labour hire lessons for WA: A pain in the neck?
The personal injury negligence claim shines a light on OH&S policies and their implications for labour hire contractors.
Australia
3 Sep 2017
9
Driving into danger: breach of duty of care
if you are providing recreational activities with associated risks, carefully consider a contractual disclaimer as well.
Australia
1 Aug 2017
10
A long saga ends with dismissal of appeal in relation to claimed psychiatric injury
This case was useful to illustrate assessment of the operative factors in an action for damages for psychiatric injury.
Australia
1 Aug 2017
11
A slip, but not a banana skin – Supermarket damages claim denied
Occupiers of premises open to the public should have regular inspections of areas of risk of slips, trips and falls.
Australia
3 Jul 2017
12
Dolphins, boats, tickets, waves and contractual waivers of liability
Recreational services providers should consider all waivers of liability in their contracts to ensure proper protection.
Australia
1 Jun 2017
13
WA CTP Motor vehicle crash claim – Liability apportioned 70% – 30%, in favour of defendant
The plaintiff should bear a high degree of responsibility for the consequences of his loss of control of his motorcycle.
Australia
1 Jun 2017
14
Self-represented plaintiff failed to prove negligence in his claim for common law damages in the WA District Court
The judge gave a useful and succinct examination of the law relating to an employer's duty of care toward its employees.
Australia
2 May 2017
15
Interpretation of delay and material prejudice in the WA CTP scheme
The decision also provides an example of how credibility issues can adversely impact on a plaintiff's claim for damages.
Australia
3 Mar 2017
16
A two motorcycle crash in the WA ICWA CTP scheme
This matter involved unusual circumstances, in that two motorcycles collided and both riders were seriously injured.
Australia
23 Dec 2016
17
Recent WA CTP District Court decisions – Self-represented plaintiffs
These WA cases, both by self-represented plaintiffs, highlight a number of issues relating to CTP litigation.
Australia
6 Nov 2016
18
Recent WA and NSW CTP decisions relating to assessment of liability and contributory negligence
These recent CTP decisions provide interesting reading and guidance for assessing liability and contributory negligence.
Australia
5 Oct 2016
19
Court of Appeal does the hard yards on factual analysis of work-related injury
The court did lament difficulty in dealing with the technical evidence without any medical explanation or elaboration.
Australia
6 May 2016
20
A timely reminder about time – the consequences of missing a common law limitation date in the WA workers compensation and common law scheme
The workers' compensation advisor failed to ensure that the plaintiff's common law action was commenced in time.
Australia
6 Apr 2016
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