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Court finds occupier not negligent when person injured after falling in dark, unlit driveway

Wednesday, August 26, 2015

The Victorian Court of Appeal recently considered whether an occupier, in this case the owner of a house and bed and breakfast accommodation, was negligent when they failed to provide lighting in a dark section of a driveway.

The occupier had gone on a holiday and left someone staying at the premises. The occupier had unplugged the sensor light that lit the dark driveway before they left. The person bringing the legal action, the Applicant, was staying at the premises. The Applicant’s evidence was that they injured their shoulder when they fell, after stepping into a puddle and slipping on a sleeper whilst walking down the dark drive way. The Applicant argued that they fell because they could not see where they were going and that the occupier was negligent because the area was not lit when they fell.

The Court of Appeal found that the occupier was not negligent in not providing lighting as a reasonable occupier would have expected that the person staying at their premises would have used their own artificial lighting, such as a torch, to prevent such an accident.

Erickson V Bagley [2015] VSCA 220

Judges: Kyrou JA and Kaye JA

Date of Judgement: 25 August 2015

 

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Hearing Awareness Week 23 - 29 August - Drawing attention to hearing loss.

Monday, August 24, 2015

This week is Hearing Awareness Week. This is a week to draw attention to the prevalence of hearing loss and its causes and consequences. Hearing loss can occur from a short exposure to loud noise or as a result of exposure to noise for a long time. Noise induced hearing loss cannot be reversed. It can have a huge impact on a person's well being.
 

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Looking forward to the Frankston Mayor's Family Picnic

Wednesday, August 19, 2015

Peninsula Injury Lawyers will be at the Frankston Mayor's Family Picnic at Cruden Farm, Langwarrin on Sunday 13 September. Bring your picnic rug and come to our table for a chance to win a prize and to learn more about our services. Really looking forward to a big day out with other local community groups and businesses.
 

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Open for business at Lakewood Rise in Carrum Downs

Friday, July 24, 2015

  

Peninsula Injury Lawyers has opened its doors at 12/10 Lakewood Boulevard, Carrum Downs. We are nestled within a small group of accountants, lawyers and other professionals, in the thriving Carrum Downs industrial estate, visible form the Frankston freeway and Penlink.

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