Hi, are you asking this query on behalf of Mr. Wagner or the hotel ?
When did the personal injury occur ? in which state of Australia did the accident occur ?
this is a general case I would like to know the situation for both.
is it an exam question..
at the Everton Park Hotel in Brisbane on July 21, 2005, when the incident occurred
Personal injury claims in Qld are subject to strict time limits... are you aware of these.
However, the Personal Injuries Proceedings Act 2002 (Qld) (PIPA), as amended by the Civil Liability Act 2003 (Qld), sets out a detailed pre-action procedure to be followed prior to commencing court action with specific timeframes. Importantly, under section 9(1) of PIPA, a person considering personal injury action must first give written notice of the claim to the proposed defendant within the earlier of:
(a) 9 months of the incident giving rise to the personal injury or the first appearance of symptoms of the injury; or(b) 1 month after the person first instructs a law practice to act on that person's behalf in seeking damages for the personal injury and the proposed defendant has been identified (although consultation with a community legal service is to be disregarded - section 9(9A) PIPA)
If these time frames are not followed, the claim cannot proceed unless, among other things, the defendant waives the notice requirement or the court authorises the claim to proceed (section 18 PIPA).
For a flow chart on PIPA pre-action procedure, please see the Department of Justice & Attorney General website
It is well established common law that a hotel operator owes a duty of care to guests.
Lodging operators have a duty of care to their guests. This duty does not insure the guests’ safety, but does require the operator to “act prudently and use reasonable care.” This means, among other things, that an operator can be held liable if he or she is found negligent.
c) "The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeably cause harm to other people." Any factors that pertain to taking reasonable care, in a hotel environment.
d) defences normally include contributory negligence.. not taking reasonable care for his own safety. The effect is to reduce the damages payable typically by a % figure.
I did not know how much detail you were seeking. Happy to chat further, if you wish. Kind Regards, James
He is yet to determine the exact amount of damages he is claiming, but court documents suggest it could be more than $300,000. This amount would include damages for past and future loss of earnings.
what types of damages Mr. Wagner could claim and how the relevant amounts would be calculated.What happened to Mr. Wagner seems like an unlucky accident. Should individuals be able to sue another party for this type of incident? Give reasons for your answer.
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