Insurance Law

By: Stephen White, Partner and Milton Latta, Senior Associate

The Queensland Court of Appeal has recently handed down its decision in relation to an appeal against a trial judge’s decision to reduce a plaintiff’s damages in an employment context by 50%.

In the past, any reductions for contributory negligence in claims against employers have tended to be modest. Arguments against reductions for contributory negligence are usually on the basis that the employer’s duty extends to guarding against an employee’s inadvertence or even negligence, and that the duty is a high one.

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