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Contractual Risks Allocation and Proportionate liability

by Dave Collins on December 21, 2016

Risks allocation between contracting parties is an integral part of contractual negotiations. In order to clinch a deal, some insureds are often under commercial pressure to contract out of the effects of proportionate liability legislation. For instance, contractors to a major project may agree that each will be jointly and severally liable to the principal […]

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Public Liability or Workplace Health and Safety

by Dave Collins on December 17, 2016

There has always been a confusing cross over between Statute Law requirements of Occupational Health and Safety and Common Law Duty of Care requirements in regards to Public Liability. A recent posting on Safety At Work Blog, titled “The intersection of OHS and public liability becomes more urgent” talks about a case in mid-November 2010, where […]

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The decision in the Parker V Moore case in the QLD Supreme Court highlighted the importance of Landlords undertaking thorough inspections of properties and not necessarily relying on tenants to report issues. In this case a tenant fell after stepping on a “wobbly” balustrade over a stairwell and suffered serious injuries. The court found that […]

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General Liability Information

by Dave Collins on November 22, 2016

GENERAL LIABILITY INFORMATION: Air Conditioning and Indoor Air Quality Airborne Debris Balustrades Car Parks CCTV Centre Vehicles Electrical Safety Entrances & Exits Escalators & Travelators Floors Surfaces Playgrounds GUIDE TO PUBLIC LIABILITY INCIDENT PREVENTION & MANAGEMENT: DISCLAIMER: This document is for general information only.  While it directs attention to and comments upon potential loss control […]

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Lawyers Slip and Fall Checklist

by Dave Collins on November 21, 2016

This article by a personal injury lawyer provides some very good advice on what to do if you are injured due to a slip and fall. Same article covers dog bit incidents, car accidents, pedestrian injuries and burns? Cover information regarding reporting, witnesses, evidence and photographs. Whilst wanting to stay impartial, we can also state […]

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Liability Claims Management

by Dave Collins on November 20, 2016

LIABILITY CLAIMS MANAGEMENT See case examples Public Liability Claims Manual This information is provided only as an example only and you should consult with your broker or Insurance company regarding their exact procedures: How an organisation responds to an incident will have a significant impact on the size of the potential loss. The full magnitude […]

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Recent Fall Down Stairs Cases

by Dave Collins on October 24, 2016

Recent Fall Down Stairs Cases Recent news letter by Carter Newell Lawyers Grandmother found liable for injuries sustained by grandchild in fall down stairs  The Supreme Court of New South Wales recently handed down its decision in the matter of Boland v Hoffman & Ors [2012] NSWSC 571 where it considered the duty of care owed […]

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Insurance Implications of Contracting Out

by Dave Collins on October 16, 2016

Most insurance policies contain Contractual Liability Exclusions that exclude any contractual liability assumed by the insured. Some policies include “write-backs” to the effect that the exclusion would not apply to liability that would have attached to the insured in the absence of the contractual agreement. By “contracting out” of a proportionate liability regime, whether expressly […]

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Public Liability Disclaimers and Waivers

by Dave Collins on September 17, 2016

Some would argue that getting your customers or activity participants to sign a disclaimer or waiver absolving your organisation from claims being made are not worth the paper they are written on. Fact? – Yes and No. No amount of paper work can sign away your responsibility and duty of care. If you have been […]

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Recent Personal Liability Cases

by Dave Collins on September 2, 2016

Recent Public and Personal Liability Cases Thanks to Graham Dent for publishing these recent Personal Liability cases on his Linked in Page Graham Dent Roofing company and Director fined $100,000 over fall . Issue Date: – Friday, 20 September 2013 A roofing company and its Director have been fined a total of $100,000 (plus more […]

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Liability Court Cases

by Dave Collins on August 19, 2016

EXAMPLES OF PUBLIC LIABILITY COURT CASES Slip on milkshake in Shopping Centre – Terrazzo Slip on milkshake in Shopping Centre – Escalator Slip in Shopping Centre entry during wet weather Trip on external Shopping Centre paving Slip on chip in food court Slip on Wood chip in car park Slip on cherry in Shopping Centre […]

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