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Tag Archives: negligence

Student loses case against Geelong Grammar

In May this year, I wrote a post about the case of Rose Ashton-Weir, who, with her mother, Elizabeth Weir, was suing Geelong Grammar because she alleged it did not support her to a sufficient degree to allow her to get into Law at Sydney University. Judgment has been handed down (Weir v Geelong Grammar […]

Occupier’s Manslaughter – who is responsible for toddler drownings?

The Sydney Morning Herald reports that a landmark case is being brought in New England, where a landowner is being charged with manslaughter after a toddler from a neighbouring house wandered into his yard, got through the unmaintained fence and drowned. Mr Cameron [the pool owner] was inside his Armidale home watching television one afternoon […]

When does the reasonable person eat chips?

Recently the High Court has had to decide when it was likely that a person might eat hot chips. Seriously. In Strong v Woolworths [2012] HCA 5, the unfortunate plaintiff slipped and fell on a hot chip which had been left on the ground outside Big W at Centro Taree Shopping Centre. She suffered serious […]

Wrongful birth – claiming for a disabled child

In The Age today there’s an article about a couple with a severely disabled child suing an IVF practitioner in negligence: Debbie and Lawrence Waller love their 11-year-old son, Keeden, but they believe he should never have been born. Just days after Mrs Waller gave birth in August 2000 following IVF treatment, Keeden suffered a […]

4 year old sued for negligence

Via the Obligations Discussion Group, I heard that a Manhattan judge has ruled that a four-year-old can be sued for negligence. Yes, seriously. The New York Times reports: Citing cases dating back as far as 1928, a judge has ruled that a young girl accused of running down an elderly woman while racing a bicycle […]

What a scream!

An American tourist is suing Qantas after she was seated next to a three-year-old child who allegedly screamed so loudly in the woman’s ear that she was deafened: “The pain was so excruciating that I didn’t even know I was deaf,” Ms Barnard said, reliving the incident during a deposition for a civil lawsuit she […]

Food allergies and negligence

Via the Obligations Discussion Group, I have become aware of a recent English High Court case, Bhamra v Dubb (trading as Lucky Caterers) [2010] EWCA Civ 13. As someone who suffers from a severe food allergy myself (anaphylactic reaction to tree nuts) this case is of intense interest to me. The facts of the case […]

More duty to restrain drink drivers

I did a post at the beginning of the year on the liability of publicans to restrain drunk patrons from driving home. To recap briefly: a drunken patron (Mr Scott) died after his motorcycle crashed, and his wife sued the licensee for failing to restrain him. A majority of the Full Court of the Supreme […]