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Liability Disclaimer and Hold Harmless Agreement Examples One of the most popular search terms on this site is for “example liability disclaimer” or “liability waiver” so we thought we would provide a few resources on the subject. Remember that a disclaimer will not necessarily absolve you from your liability if an injured party can prove […]

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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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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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Slip and Fall Incident Prevention

by Dave Collins on December 3, 2016

The General Mat Company has published a number of really useful articles about preventing slips and falls. These are links from their news page: Matting Systems Uncovered – Good quality mats are not just for entranceway. Focus Safety New Zealand Joins The General Mat Company Network Expert witness finds blind spot in safety underfoot Safety-conscious […]

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Joint and Several Liability

by Dave Collins on November 27, 2016

In the United Kingdom and other common law jurisdictions such as Hong Kong and Singapore, the doctrine of joint and several liability continues to apply. This doctrine operates when one or more person has contributed to a plaintiff’s loss. The plaintiff is able to recover the full amount of that loss arising from the wrong […]

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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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Proclaim Newsletter–June 2015

by Dave Collins on November 20, 2016

WELCOME TO THE JUNE PROCLAIMER www.proclaim.com.au  By Jon Broome, Managing Director Welcome to the June edition of the Proclaimer! We find ourselves in a very interesting insurance environment as we enter the main season for renewals. Having just returned from visiting the London market, there are concerns that there is too much capacity in the […]

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Dangers of Escalator Accidents

by Dave Collins on November 15, 2016

Free Reprint Articles | Dangers of Escalator Accidents Dangers of Escalator Accidents By: Mesriani Lawgroup In place of stairs or staircases, escalators are a convenient way to navigate places or premises within malls, state and federal buildings, train stations, and airports. But due to heavy human traffic in these places, escalators are prone to damage […]

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Proportionate Liability

by Dave Collins on November 14, 2016

Under immense political pressure, particularly from professional associations and their insurers, jurisdictions such as Australia and a large number of the States in the United States of America, have either abolished or modified the doctrine of joint and several liability. In all States and Territories in Australia, for example, legislation now replaces the common law […]

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Public Safety in Hotels and Resorts

by Dave Collins on November 14, 2016

Hotels and resorts have many spaces in which they need to provide safe venues to their guests.  Dangers exist in restaurants, pools, elevators, stairwells, parking lots, gardens, footpaths, and ocean/beach access.  Given the large areas hotels and resorts need to provide public safety, hotels and resorts often hire excellent employees to complete assigned tasks as […]

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Public Swimming Pool Safety

by Dave Collins on November 8, 2016

Swimming is one of the most vigorous and rewarding exercises available to individuals.  The water provides resistance for effective exercise yet is gentle on joints unlike other vigorous exercises.  However, there are hidden dangers to swimming of which many people, especially parents and children, should be aware.  Posting signs at your pool that address the […]

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Fitness Centres, whilst not operated under licence from State Government and are respondent to a range of legislation including equal opportunity, anti-discrimination, trade practices, fee payment, consumer protection and health legislation, depending on the State in which they operate. Owners and operators of Fitness Centres are required to discharge their obligations under their State’s legislation.   […]

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Village Risk Management Manual

by Dave Collins on November 3, 2016

This is one of the most most useful and practical Free Public Liability Risk Management Manuals we have come across., developed and published by the Retirement Village Association, it explains the principles  of risk management, provides heaps of practical liability claim examples and detailed information on specific topics and some handy risk management tools. Here […]

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How to Avoid Employee and Customer Safety Risks and Litigation Using Employee, Customer and Risk Surveys By: Howard Deutsch A potentially costly and embarrassing risk that many organizations face is employee and customer safety risk. Some of the many types and causes of safety risks employees and customers face include: • Risks from using equipment/products […]

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Fake Slip and Fall Accidents Cost Businesses Billions of Dollars

KXJB Reporter Kyle Bosh talks with the NICB's Mark Sakalares on how clumsy crook…

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Determining the Worth of My Personal Injury Claim

by Dave Collins on October 25, 2016

Determining the Worth of My Personal Injury Claim By Radhia Gulam When you are involved in an accident that is not your fault, you might want to file a claim for the personal injuries that you might have sustained. This is your right and is entirely up to you to pursue. But there is one […]

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No Win No Fee Claims

by Dave Collins on October 24, 2016

No Win No Fee Claims By Jimmy Wilson No win no fee claims are becoming more of the preferred legal representation lawsuits or claim suits in both the United States and the United Kingdom. Seems quite logical in the premise that if you have a decision to make about finding affordable legal assistance, that you […]

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Public Liability

by Dave Collins on October 23, 2016

Public Liability Public liability is part of the law of tort, the civil laws which protect civilians from wrong-doing arising from negligence or intended harm.  Tort by definition encompasses all civil wrongful act claims not listed under a contract or statute.  Specifically, public liability applies to businesses, and injured civilians may open a claim against […]

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Public Liability Claims Manual

by Dave Collins on October 20, 2016

This generic procedures manual was published sometime ago by ACE Insurance. Some parts might be out of date but it contains some useful definitions and guidelines and checklists for preventing and managing public liability claims DOWNLOAD HERE: TABLE OF CONTENTS 1. WHAT IS PUBLIC LIABILITY 5 1.1 The Law And Public Liability 6 1.2 The […]

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Wrongful Death Issues from Negligence

by Dave Collins on October 18, 2016

Wrongful Death Issues from Negligence By: Mesriani Lawgroup Fatal accidents often lead to serious injury or death. Wrongful deaths have become one of the many tragic results of these accidents. Families are left with the lingering effects and pain of the loss of their loved ones. Survivors or families of wrongful death victims are entitled […]

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