Insights Categories: General Liability

In accommodation settings, does ‘slippery when wet’ mean liable?

Nikolich v Webb [2020] WASCA 169 (21 October 2020) Key takeaways Due to the operation of s 50 of the Civil Liability Act 2002 (WA), there is no duty to warn of an obvious risk. The risk of slipping and falling on a wet bathroom floor where the floor is not uniquely slippery, is an […]

AFCA Decisions: Online insurance purchases, non-disclosures at inception of policy

Key takeaways Insurer bears the onus of proof in establishing it can deny a claim due to non-disclosure. At inception, a policy must provide a clear and understandable duty of disclosure notice, in writing. Online policy application and acceptance provides unique challenges. Insurer needs to provide evidence that the insured failed to disclose relevant information. […]

Landlord and agent – the buck stops where?

Yeung v Santosa Realty Co Pty Ltd [2020] VSCA 7 Background On 19 May 2014, the plaintiff, a tenant of residential premises, slipped at night on back stairs that were worn, slippery, unlit and had no handrail. The tenant successfully brought proceedings for negligence in the County Court against the owner of the premises and […]

Insurance, drones and you.

Article 1 of 3 – An Introduction In a series of upcoming articles, we will be providing: An overview of drone regulations and rules Licensing requirements for drone use A summary of the potential liabilities and penalties Information on what happens if injury is caused by an individual, state employee or commercial operator- does it […]

Case Note: Caffrey v AAI Limited [2019] QSC 7

Key takeaways A deceased driver was found to have owed a duty to take reasonable care not to cause psychiatric injury to a policeman acting in the course of the performance of his duties who may be required to respond to an accident caused by their driving and who may witness the suffering and/or death […]

Case note: Your Onus or Mine?

Refresher on damages for economic loss and domestic assistance where there are pre-existing conditions. Gulic v Angelovski[1] Facts  Mr Gulic was injured in a motor vehicle accident (MVA) in 2004.  In 2013, he commenced proceedings in the District Court of NSW at Sydney against separate firms of solicitors, alleging breach of duty by the solicitors […]

70 years in the making: the Civil Liability (Third Party Claims Against Insurers) Act 2017

Since 1946 Section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (‘Section 6’) has been the main vehicle through which claimants in New South Wales have gained direct access to the liability insurance policies of other persons. However, Section 6 has long been the subject of criticism from the bench, bar table and solicitors […]

Drones – friend or foe for underwriters?

There is good news and bad news about drones, as they become increasingly popular, says Peter Axelrod, Special Counsel at Meridian Lawyers, in Brisbane. He told an AILA Qld function late last year that drones would become smarter and more capable. “Just like iPhones, they will have more features, more autonomy and more performance.” He […]