Maximising Civil liability defences part one: What is an obvious risk?
By Kevin Johnson, LGM Liability & Assets Claims Manager
Local authorities are afforded a number of defences for alleged breach of duty under the Civil Liability Act 2003 (Qld) (CLA). The key to relying on those defences lies in the available evidence. Understanding the defences and their application can assist LGM members to gather evidence at an early point to provide LGM with the best chance of successfully defending claims.
In our five-part series on maximising civil liability defences, we will explore the most common defences in the context of footpath injury claims and what action councils can take to maximise their defensive position.