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  • Manslaughter charge for pool death a first - Stacks Law Firm
    Police will need to prove the owner has a duty of care as owner of a pool and his breach of that duty of care caused the toddler to drown In 2010 the Deputy State Coroner recommended a new law of criminal negligence for pool deaths after eight children drowned in 2008-09
  • Workplace Negligence Claims Guide. - Law Partners Personal Injury Lawyers
    Example of duty of care negligence cases in Australia There are many scenarios which would be considered workplace negligence and a breach of the employer duty of care Not providing proper training to new staff who then get injured while operating machinery, or failure to supervise proper safety practices are direct examples of workplace
  • Injured at a Pool? You May Have a Public Liability Claim
    Our in-depth knowledge of this area of law enables us to effectively represent clients who have been injured at a pool due to the negligence of a homeowner, commercial business, or local council Royal Life Saving Australia’s National Drowning Report 2024 revealed that 35 people drowned in swimming pools last year More than half of these
  • Are Employers Liable For Employee Negligence? - Lawpath
    Employers should also get public liability insurance to protect the company and employees from claims for damage to property and also personal injury to third parties In contrast, if you’re an employer and you want to avoid being liable for the mistakes of your employees, you should dedicate time to ensure your employees understand safety guidelines
  • Can You Claim for Pool Injuries? Legal Guide | Ascent Lawyers
    2 Case Study: Family Pursues Claim After Daughter’s Near-Drowning Incident In a harrowing incident at a hotel swimming pool, a young girl named Darcey almost drowned when her hair got entangled in the pool’s filter Despite previous reports to the hotel staff about issues with the filter, no actions were taken to address the safety hazard
  • Employer Liability in Australia: Industrial Manslaughter Laws
    What this essentially means is that if someone dies as a result of the negligence or actions of their employer whilst undertaking work from them, the company and or the primary decision maker and manager for that worker could be charged with industrial manslaughter Businesses can be fined up to $10m, and senior officers can face up to 20 years
  • Enforcement, offences and penalties - WorkSafe – DEMIRS
    The WHS Act provides for the following categories of offences for breach of health and safety duties The maximum penalties are different depending on the category of the offence and whether the offender is an individual (e g a worker, or a PCBU), an officer (as defined) or a body corporate
  • Liability for injury | Not-for-profit Law - nfplaw. org. au
    In Western Australia, under the Volunteers and Food and Other Donors (Protection from Liability) Act 2002 (WA) volunteers are generally not personally liable for civil liability which arises as a result of any act they have done in good faith while doing community work for a community organisation In these circumstances, the community organisation will be liable rather than the volunteer
  • Injured in a pool incident - your rights | Shine Lawyers
    In the 2019 2020 financial year, 28 people fatally drowned in Australian swimming pools according to Royal Life Saving Australia This reflects a 28% decrease from the ten-year average Besides drowning, swimming pools can be the site of major head and spinal injury, especially when swimmers are jumping into the water
  • Penalties under the WHS laws | Safe Work Australia
    The Model WHS Act prescribes a maximum monetary amount known as a penalty for breaches of offences under the Act Category 1 – a duty holder, without reasonable excuse, engages in conduct with gross negligence or are reckless as to the risk to an individual of death or serious injury or illness Category 2 – a duty holder fails to comply with a health and safety duty that exposes a person
  • Law of negligence and limitation of liability Act 2008
    2008 Law of negligence and limitation of liability 2 PART 2 NEGLIGENCE Division 1 Preliminary 4 Definitions In this Part— “damages” includes any form of monetary compensation; “harm” means harm of any kind and includes— (a) injury or death; and (b) damage to property; and (c) economic loss;
  • A Guide to Workplace Negligence Cases in Australia
    Understanding workplace negligence law is essential for NSW employees, as recent 2024 statistics from Safe Work Australia show that NSW recorded the highest number of workplace fatalities, and there were a reported 139,000 claims nationally in 2023 These figures highlight the importance for both employers and employees to understand their respective rights and obligations under the law





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