This was the appeal of a personal injuries decision in which the plaintiff was awarded $191,061.91, a reduced amount on account of 50% contributory negligence as determined by the presiding Judge. The plaintiff appealed both quantum and contributory negligence but his appeal was dismissed, and he was ordered to pay costs for failing to substantiate […]
Prasad v Ingham’s Enterprises Pty Ltd [2016] QCA 147 is a recent decision of the Queensland Court of Appeal relating to the extent of an employer’s liability for a workplace injury. The appellant in this case, joins a long line of other personal injury claimants who are able to establish their employee breached its duty […]
Negligence claims need consistent facts
Downes v Affinity Health Pty Ltd [2016] QCA 129 is a recent Queensland Court of Appeal decision relating to compensation following a workplace injury. The applicant in this case failed to prove that it was her employer’s negligence that caused her injuries. On 25 July 2007 at around 2:30am, the applicant said that she had […]
Psychiatric Injury Compensation – No Win No Fee Brisbane Lawyers
In the case of Eaton v Tricare (Country) Pty Ltd [2016] QCA 139 the Appellant, Ms Eaton, worked in an administrative role at the Respondent’s nursing home for 3 years. At the time of her resignation, she had developed a psychiatric injury, suffering from depression and anxiety. On the basis of evidence provided by two […]
School Ordered to Pay Ex-Student for Criminal Actions by Teacher
The case of Erlich v Leifer[1] concerned the direct and vicarious liability of a school for the criminal actions one of its teachers. This is a question of fact and degree. Courts will examine the entirety of the circumstances, including whether a school has appropriate accountability mechanisms and policies in place to monitor staff and […]
Case note on negligence in the workplace
A recent Supreme Court of Queensland case awarded damages of $215,286.11 on appeal for an employee injured at work as a result of negligent behaviour. The case involved an employee using a Leatherman knife in eating an orange, whilst crouched near to a frequently used walkway. As the employee stood from his crouched position, another employee walked past and the […]
Not happy with your PI Lawyer? Our Brisbane Personal Injury Lawyers can help you
The relationship that you have with your lawyer is an important one, no matter what type of legal problem they are assisting you with. During the course of a Personal Injury matter, it is particularly important that you feel you can trust your lawyer, not only to provide you with quality legal advice, but also […]
What Brisbane Personal Injury Lawyers can learn from Davis v Terrivic Pty Limited to define ‘in the course of employment’
Davis v Terrivic Pty Limited is a recent New South Wales Workers Compensation Commission decision that provides scope in defining ‘in the course of employment’ for workplace injury claims. In particular, Davis v Terrivic Pty Limited addresses whether an employee can still be injured in the course of employment after that employee has submitted a resignation. FACTS […]
Martin v Andrews & Anor [2016] QSC 020: Brisbane Back Injury Lawyers Case Note
In the matter of Martin v Andrews & Anor, a moderate back injury resulted in the significant award of $1,272,572.10 compensation to the Claimant – one of the largest awards for an injury of this type. Background This was a quantum only motor vehicle case where the Claimant, Joshua Alfred Martin, was 39 years old […]
What is a suitable duties arrangement?
When a person is injured on the job, and the injury impacts the way that they would ordinarily carry out their job, the worker might be given the choice to return to work with different duties rather than recovering at home. Where an employee is not able to return to their previous position, their employer […]