Author adminPosted on Categories litigation, Personal Injury 5 Comments on Stewart Boyd scores stunning upset in District Court after horse kick
“In making those orders and in argument during the hearing of the application on 28 April 2020, the Court referred to the various difficulties with the plaintiff’s case as it is presently pleaded. In many respects, those difficulties were similar to the submissions made on behalf of the first defendant and the third defendant at the compulsory conference in this matter.
The first defendant and the third defendant consider that the plaintiff’s claim has no prospects of success against any defendant.”
– letter from Barry Nilsson to Sterling Law dated 18 May 2020. Continue reading “Stewart Boyd scores stunning upset in District Court after horse kick”
Author adminPosted on Categories Personal Injury 3 Comments on The question of reasonable foreseeability of injury
It is a well-established principle in the law of negligence that a defendant should only have to take precautions against reasonably foreseeable risks to others. Reasonable foreseeability can be contrasted with risks that are “far fetched or fanciful”.
The 2013 Queensland Court of Appeal cases of Heywood v Commercial Electrical Pty Ltd [2013] QCA 270 and Suncorp Staff Pty Ltd v Larkin [2013] QCA 281 are useful reminders of the centrality of the concept of reasonable foreseeability of risk in negligence cases against employers.
Continue reading “The question of reasonable foreseeability of injury”
