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Here are 5 results that may be of interest

Contributory negligence (5)

Court Decision

QCA unshackles damages claim

QCA holds contractor liable, despite worker’s negligent actions A recent Court of Appeal decision has emphasised the high standard of care imposed on construction contractors to take reasonable care for the safety of workers and the difficulty in o

  • Contributory negligence
  • Reasonable care
  • Personal injury

Court Decision

Retailer successfully defends negligence claim following customer's brush with automatic entrance gates

In a recent decision of the ACT Court of Appeal, ALDI Foods Pty Ltd (ALDI) was successful in defending a claim for negligence made by a customer who suffered personal injury when her trolley collided with an automatic entrance gate, which did not ope

  • Duty of care
  • Negligence
  • Contributory negligence

Court Decision

Inadequate supervision: Court upholds liability findings against host employer while employer is found not liable

In the recent decision of Jurox Pty Ltd v Fullick [2016] NSWCA 180, the NSW Court of Appeal dismissed an appeal by the host employer, Jurox, made in relation to liability, damages and contribution. Here, Robert Tidbury provides a summary of the NSW

  • Host employer
  • Liability
  • Damages
  • Contributory negligence
  • Insurance

Court Decision

Claim dismissed: Queensland Court of Appeal upholds 50% contributory negligence finding

On 30 November 2015, HopgoodGanim Lawyers Insurance and Risk team posted an alert discussing the outcome of the decision of Kennedy v Queensland Alumina Limited [2015] QSE 317. In that decision, the Supreme Court of Queensland reduced the award of da

  • Insurance
  • Appeal decision
  • Contributory negligence
  • Workers conduct

Court Decision

Slippery steps a source of strife

In the following article, we discuss the NSW Court of Appeal decision of Stenning v Sanig [2015] NSWCA 214, upholding the trial judge’s decision with respect to breach of duty of care, but reducing the damages awarded to the Respondent for contribu

  • Contributory negligence
  • Duty of care
  • Foreseeable risk