Public and products liability

The Barry & Nilsson Insurance team acts for more than half of the top 10 Australian general insurers as well as a range of specialist insurers, brokers, underwriters and self-insured corporations. We handle hundreds of new claims each year, covering the full range of property damage, personal injury and coverage/indemnity issues.

While the national tort reforms introduced over the last few years have reduced the total number of litigated claims, the types of claims we handle continue to cover a wide spectrum of issues. This is because there has been little change in the major areas of breach of duty, causation and liability generally. In many instances, the claims have become more complex, reflecting changes in Australian society and the business environment.

A significant proportion of our workload involves multiple parties, host employers, catastrophic injuries, product failure, natural disaster property damage, dangerous recreational activities, intoxication, nuisance claims, and occupiers’ liability. The construction "boom" in Queensland has increased our focus on workplace/construction type claims.

We resolve the majority of matters through the use of negotiation and formal and informal settlement forums. Our use of technology enables us to handle a large volume of work consistently, pro-actively and cost-effectively. We strive to add real value to our clients' businesses.

Some recent matters we have been involved in include:

Public liability

• Advising an insurer in relation to a claim by a minor who was catastrophically injured following a motorcycle incident on rural property

• Securing judgment for our local authority client in a matter involving a quadriplegic injured in a single vehicle incident on a State controlled road within our client's jurisdiction. Click here to read more

• Defending multimillion dollar property damage claims following a smelter shutdown and flood damage allegedly due to an insured's construction work

• Acting for an occupier in relation to a significant claim made following a relatively minor injury where treatment resulted in serious medical complications

• Acting for insurer with respect to mining-related property damage and nuisance claims involving issues of proportionate liability

• Representing a hotel where a patron had been assaulted by another patron in its car park. The claim was dismissed at first instance and on appeal. Click here to read more

• Successfully appealing a Supreme Court application for detailed disclosure from the defendant. The appeal set the parameters for respondents' disclosure under section 27 of the Personal Injuries Proceedings Act. Click here to read more

Products liability

• Advising an insurer in relation to a claim in excess of $15million made by a Japanese company relating to losses sustained as a result of the supply to it of contaminated wood chip

• Settling a claim (made by a distributor of solar pool fencing which had structural deficiencies) before trial for a sum well below reserve. The initial claim was for $12million

• Acting for an insurer of an out-of-date treatment which allegedly resulted in the death of cattle. The claim failed on causation due to the dosage timing

• Acting for a manufacturer of alleged faulty glassware following a partial amputation injury to the plaintiff's dominant hand

• Acting for the insurer of a rock supplier after a tainted batch allegedly resulted in damage to hundreds of newly constructed driveways

• Advising an insurer of a "high health herd piggery" who had supplied contaminated pigs resulting in a disease outbreak and focussing on the mitigation issues for the numerous claims that arose

To find out more, please contact Barry & Nilsson Lawyers