Product Liability Claims

Product Liability Claims in Queensland Under the Australian Consumer Law

11.11.24

As the silly season approaches, many of us will be gifting or receiving products that could potentially be faulty. It is essential to know your rights if a defective product causes injury or damage. In this article, Lawyer Natasha Robins outlines product liability claims in Queensland under the Australian Consumer Law (ACL), focusing on consumer rights when injuries or damages result from defective products. Read More.

Sexual assault survivor

$1.48 Million in Compensation to NSW Sexual Assault Survivor Abused by Deacon

16.08.24

The Supreme Court of New South Wales has awarded significant compensation of $1.48 million to a victim survivor of sexual assault, supporting their recovery from an incident that occurred almost 19 years ago. The Court determined that it was appropriate to compensate the Plaintiff for both past and potential future economic loss, as well as for their pain and suffering and care and assistance. In this article, Evolve Legal Partner, Jake Gardiner delves into the complexities of the case and offers a detailed breakdown of the damages awarded to the plaintiff, along with the reasoning behind the Court's decision. Read More.

Public Liability

New South Wales Court of Appeal Upholds Public Liability Claim Against Local Council

31.07.24

A recent decision of the New South Wales Court of Appeal affirmed that a local council was liable for its negligence in failing to maintain the surface levels of a children’s playground, resulting in an entrant to the playground sustaining injuries. Read More.

TPD Insurance

How Super is Your Super? Understanding Your Superannuation and TPD Insurance

27.05.24

Are you confident your superannuation is performing at its best? At Evolve Legal, we aim to ensure you understand the vital role superannuation and Total and Personal Disability (TPD) insurance play in securing your future. In this article, our team break down the essentials of superannuation and TPD insurance, showing how they work together to offer comprehensive protection. Read More.

Motor Vehicle Accident

What Constitutes ‘Proper Search And Inquiry” After a Motor Vehicle Accident?

26.02.24

Navigating the aftermath of a motor vehicle accident is often a daunting journey, one where critical decision can shape the course of your recovery and financial stability. In our comprehensive article, crafted by the dedicated experts at Ramsden Lawyers Personal Injury team, we unravel the intricacies of safeguarding your right to compensation. From the pivotal moments at the accident scene to the vital steps to protect your rights, we provide invaluable insights and actionable advice. Discover why documenting details, seeking medical attention, and reporting the incident promptly are crucial. Our team specialises in guiding you through this complex process, ensuring you're well-prepared to secure the compensation you rightfully deserve. Don't leave your claim to chance; empower yourself with knowledge and take control of your future today. Read More.

Public Liability Claims

A Simple Guide To Public Liability Claims

30.11.23

In today's bustling environment, accidents can strike anywhere – from shopping centres to streets. When such misfortunes befall, public liability claims are a pathway to justice for the aggrieved. The landscape of these claims, governed by the Personal Injuries Proceedings Act 2002, can be intricate. But what's clear is the importance of timely action and legal expertise. At Evolve Legal, led by Senior Associate Janet Clark, real-life cases exemplify their dedication to justice. As advocates for those injured, we emphasise the significance of acting swiftly and seeking professional guidance for rightful compensation. Read More.

Head Injuries

Unveiling The Truth: Who Bears Responsibility For Head Injuries In Professional Sports?

31.05.23

In the realm of professional sports, where feats of athleticism captivate audiences worldwide, a dark undercurrent of head injuries and their consequences has emerged. Recent developments, such as the Senate Inquiry into Concussion and Repeated Head Trauma in Contact Sports and class action lawsuits against major sports organisations, have thrust this issue into the spotlight. The question now looms: who should be held accountable for the compensation of these injured athletes? Evolve Legal Personal Injury Lawyers takes you on a gripping journey through the intricacies of the Australian legal system, examining the complexities of voluntary assumption of risk, the exclusion of professional athletes from workers’ compensation, and the potential role of private insurances. Brace yourself as we uncover the potential paths to justice and delve into the realm of negligence claims. Join us as we unravel the hidden truths surrounding head injuries in professional sports and seek to secure the rightful compensation for those affected. Read More.

NEGLIGENCE

Negligence In Failing To Evict Drunk Patrons: A Court Ruling And Its Implications

19.04.23

In December 2017, Clinton Chadwick was assaulted by a drunk patron at a restaurant and bar called Bucket List Bondi. Chadwick filed a negligence claim against the venue operator and security company, alleging they breached their duty of care by failing to control or evict the intoxicated person. The Court found in favour of Chadwick, stating that the defendants breached their duty of care. However, a 20% reduction in damages was given due to Chadwick's contributory negligence. This case highlights the duty of care owed by venue operators and security guards to patrons, which extends beyond the duty owed by an occupier to a lawful entrant. The ruling also provides an example of how Courts may assess economic loss when a plaintiff's primary income is from social media influence. Read More.

Claim Farming

Have you heard of Claim Farming? A Company Has Recently Been Fined a Staggering 1 Million Dollars for 94 Claim Farming offenses

23.02.23

Have you heard of Claim Farming? or have you been a victim of Claim Farming? Evolve Legal was pleased to hear about the successful prosecution of a company found accountable for the insidious practice. As a result, the organisation was fined 1 million dollars in hope that the financial incentives for other organisations who engage in such behaviour will be eliminated. Read More.

Motor Accident CTP Insurance claims

Motor Accident Insurance Commission Quarterly Report (Jul-Sep 2022) Findings. How will this affect CTP insurance claims?

19.01.23

Queensland's road toll in 2022 was the highest in more than a decade, with 299 lives lost. Last year, the state's road toll was the highest since 2009, including 70 motorcyclists, 29 pedestrians and 12 people who died in floodwaters. That toll is also higher than road tolls in New South Wales and Victoria. Read More.

workplace injury

When speed is the priority over safety, and enforcement of manual handling training is non-existent, liability for employers will follow

09.12.22

On 22 November 2022, the District Court of Queensland held that Aldi was liable to its employee who sustained a back injury while lifting cartons of tinned tomatoes. The worker was awarded $157,767.71 compensation for her back injury. Read More.

work place psych injury
Historical Childhood Sexual Abuse

Blurred lines are now more clear: Private school liable for Historical Childhood Sexual Abuse

26.10.21

In October 2021, the Supreme Court of Victoria awarded a landmark $2.7 million in damages to a private school victim of childhood sexual abuse.  This is the highest amount of damages awarded for an institutional abuse case so far in Victoria.   Read More.