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Negligence | Motor accident | Injury | Driving

QBE Insurance (Australia) Ltd v Smith by his next friend Avard & Anor NSWCA 130 (26 April 2005).

“TORT – Negligence – Motor accident – Meaning of injury – Whether injury caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle – Whether the injury a result of the driving of the vehicle – Whether the injury caused during the driving of the vehicle – Meaning of driving.” 138 more words

Compensation Lawyers

Negligence | Causation | Duty of care | Injury reasonably foreseeable | Successive negligent acts by different persons | Apportionment of liability

March v Stramare (E & MH) Pty Ltd HCA 12; (1991) 171 CLR 506; (1991) 9 BCL 215 (24 April 1991).

Negligence – Causation – Duty of care – Injury reasonably foreseeable – Successive negligent acts by different persons – Whether first negligent actor exonerated by intervening negligent act – Apportionment of liability – Wrongs Act 1936 (S.A.), s. 79 more words

Compensation Lawyers

Negligence | Risk of injury from tobacco smoke

Sharp v Stephen Guinery t/as Port Kembla Hotel and Port Kembla Rsl Club NSWSC 336 (23 April 2001).

“Judgment on application for verdict by direction… 145 more words

Compensation Lawyers

The Specter Partnership Industrial disease claims

Industrial diseases can manifest through exposure to certain types of chemicals. The most common catalyst of industrial diseases is prolonged exposure to asbestos. It can cause a variety of ailments, namely asbestosis and mesothelioma. 390 more words

Beware of Abraham & Loude, fake solicitors from Malaga.

A new cold calling lawyers office by the name of Abraham & Loude has been spotted recently.

These so called lawyers, claim to be based in Malaga on the Costa del Sol. 252 more words

Warnings

Negligence | Medical Negligence | Damages | Loss of chance

Tabet v Gett HCA 12 (21 April 2010).

“NEGLIGENCE – Medical negligence – Damage – Loss of chance – Appellant suffered irreversible brain damage – Respondent’s delay in providing proper treatment breached duty of care owed to appellant – Where not established on balance of probabilities that breach caused any part of brain damage – Where breach at most caused loss of less than 50% chance of better outcome – Whether law of tort recognises or should recognise loss of chance of better outcome as damage giving rise to liability in negligence – Relevance of policy considerations concerning extension of liability in medical negligence cases. 126 more words

Compensation Lawyers

Negligence | Reasonably foreseeable | Failure to warn | Quadriplegic

Nagle v Rottnest Island Authority HCA 76; 177 CLR 423; (1993) Aust Torts Reporter 81-211; (1993) 112 ALR 393; (1993) 67 ALJR 426 (21 April 1993). 108 more words

Compensation Lawyers