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Domestic Workers Compensation - Owner found liable

Scott No Mates's picture

Submitted by Scott No Mates on March 9, 2010 - 11:59pm.

Joined: 04/05/2005

Having noticed the article in the SMH today, a home owner was found to be 20% liable (and his plumber 80%) for injuries/death caused to a contractor working in the roof of a house.

Does anyone know if this liability for negligence is covered by domestic workers compensation (if the contractor is a sole trader), public liability insurance (as part of the buildings insurance) or does one need to take out separate insurance again?

This is a concern to all property owners.

I am opinionated. Take me at face value, read between the lines.

http://www.reao.com.au/forum/entry.php?80-How-bright-is-your-agent


Terryw's picture

March 10, 2010 - 7:52pm

Joined: 01/01/2002

The actual case is Giovenco v Dick [2010] NSWDC 4
and the full judgment can be found online 
http://www.lawlink.nsw.gov.au/dcjudgments/2010nswdc.nsf/849ff245542dce81ca257100001bd211/c018ee676b0636f9ca2576c40011825a?OpenDocument

Terryw
Finance Broker
Solicitor


March 10, 2010 - 10:03pm

Joined: 28/02/2010

Boy that was a read   quite interesting and scary at the same time.


Terryw's picture

March 10, 2010 - 10:08pm

Joined: 01/01/2002

Yeah, and sad too

Terryw
Finance Broker
Solicitor


DWolfe's picture

March 11, 2010 - 5:34pm

Joined: 05/11/2009

Very sad.

But it sounds that the owner did have either prior knowledge of the fact that there was a hazard. " Mr Dick was evasively defensive in answering the questions of the investigating police and the investigating Workcover inspectors" "
I found Mr Dick’s references to Mr Harley not being authorised by him to remove the redundant hot water system to be gratuitous, self-serving and unconvincing in the context that he had left it to Mr Harley to scope the work required to fix the leak. I consider Mr Dick’s evidence in this regard to have been put forward in order to deflect criticisms directed at him, knowing his evidence in this regard could not be contradicted."

I think this really highlights the issue of making sure that you know to the best of your ability about any hazards on your property. If you have prior knowledge of anything that may cause injury to a person on your property then it needs to be fixed. Also having everything in writing in case there is a problem.

Very sad and it has opened my eyes.

D

Work Smart, Not Hard.


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