All Topics / Legal & Accounting / Domestic Workers Compensation – Owner found liable

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  • Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    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.

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    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 | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of NBSNBS
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    @nbs
    Join Date: 2010
    Post Count: 60

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

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yeah, and sad too

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of DWolfeDWolfe
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    @dwolfe
    Join Date: 2009
    Post Count: 1,253

    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

    DWolfe | www.homestagers.com.au
    http://www.homestagers.com.au
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