Public liability claims enable people to claim damages for injuries that result from an individual or organisation's negligence. But are people still eligible to pursue compensation in Queensland if they were inebriated when the accident occurred? Let's take a closer look at the state's liability laws.
Volunteering is popular among Australians. ABS data shows nearly one-third of adults in the country were Good Samaritans in 2014. However, no matter how good a person's intentions are, they could still cause injuries through negligence. Does this affect a public liability claim?
On 1 May 2011 the Respondent, Mr Mehrang Mashaghati was riding his motorcycle along Wynnum Road in East Brisbane when another vehicle driving in the opposite direction suddenly turned across the Respondent’s path. In an attempt to avoid collision, Mr Mashaghati subsequently crashed into a parked car and suffered the following injuries.
In a recent Judgement handed down by The District Court of Queensland, the Plaintiff in these proceedings, Ms Barrett, claimed damages for personal injury and consequential loss suffered as a result of a motor vehicle accident that occurred in 2014.
The Plaintiff in these proceedings was the front seat passenger in a vehicle being driven by her friend when they were involved in a motor vehicle. As the Plaintiff’s friend was travelling down a main road, the first defendant was driving in the opposite direction when he suddenly veered to the right and crossed over the raised median strip and into the path of the vehicle the Plaintiff was in. As a consequence both vehicles collided.
The Plaintiff in these proceedings, Mr Thuong was involved in a motor vehicle accident on 22 July 2015 when the vehicle he was travelling in collided with the First Defendant’s vehicle. Liability was not an issue in this matter and the insurer (the second defendant) acknowledged that the first defendant had breached his duty of care and had caused the accident.
The case of Lee v Lee & Ors  QSC 42 is a motor vehicle accident compensation claim that went all the way to the Supreme Court of Queensland. In this matter, the Plaintiff alleged that on 25 September 2013 he was a passenger of a motor vehicle being driven by the first defendant when the vehicle was involved in a head on collision and he sustained serious spinal and facial injuries.
At Gerard Malouf and Partners we know the importance of reviewing Court Decisions. By regularly reviewing decisions we are better able to prepare our clients cases by putting into practise useful tricks used by other solicitors, or learning from the mistakes which they have made.
In 2015-16, 280 people drowned in Australian waterways, with nearly one-quarter of deaths occurring on beaches. Lifeguards provide a valuable service, helping save lives when swimmers become distressed. But can lifeguards and the organisations they represent be liable for negligence?
Civil and criminal are the main branches of law in Australia. But what are the key differences between the two? And how do these differences affect medical negligence claims and compensation in Queensland? We explore the topic in more depth, including examples of criminal medical negligence.
Our client was a 38 year old woman who suffered injuries as a result of dental treatment she received in Queensland. Our client consulted a dentist for treatment in relation to an infection in her wisdom tooth.
This very sad matter involved a Central Coast man who suffered a work accident whilst employed as a sand blaster working at a port in Queensland. He was sitting in a stationary position over a period of three and a half days with minimal movement and in the course of lifting up one of the machines he felt a severe pain in his back.