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Public Liability Retail Risk Manual

by Dave Collins on December 23, 2016

  Public Liability Retail Risk Manual Use this as a start to developing procedures for your retail store, shopping centre or mall. Covers maintenance, risk assessment, incident management, the theory of liability, legislation, emergency procedures, fire protection, fire life safety, checklists and contractor management. Related PostsShopping Trolley Madness Trespassers and Public Liability Liability Insurance – […]

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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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Latest Liability News

by Dave Collins on December 21, 2016

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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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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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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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What is Public Liability

by Dave Collins on October 31, 2016

WHAT IS LIABILITY? Public Liability (sometimes known as General Liability) is part of the law of torts which focuses on civil wrongs. Applicants (the injured party) usually sues the respondent (the owner or occupier) under common law based on negligence and/or damages.  Claims are usually successful when it can be shown that the owner/occupier was […]

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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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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 Claim Examples

by Dave Collins on September 26, 2016

Most businesses choose to insure themselves against public liability claims.  Although insurance is not a necessary evil of conducting business, claims for any injuries a customer or general member of the public incurs while in the vicinity of your business, your parking lot, or any other public spaces on your lot can be quite expensive.  […]

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What is Product Liability

by Dave Collins on September 12, 2016

Product liability is the legal responsibility on the part of manufacturers, wholesalers, and retail stores to ensure product safety and responsibility.  If a consumer purchases a defective product, the consumer can seek legal action against any and all of the involved parties.  Products are typically defined as personal tangible property, but the definition of product […]

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Public Liability News

by Dave Collins on September 2, 2016

LATEST LIABILITY RELATED NEWS Sydney Man banned from giving out free hugs because he didn’t have public liability insurance! see full story Latest trend, Crocs shoes, allegedly causing a spate of escalator injuries – see full story Send us your interesting news stories

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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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