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ARTICLE · 14 APRIL 2011
The burden of proving causation in claims for contributory negligence or contribution
Curwoods Lawyers
The defendant carries the onus of establishing causation if claiming contributory negligence on the part of the plaintiff or a reduction in damages based on the negligence of the plaintiff's employer under s 151Z Workers Compensation Act 1987 (WCA). The defendant must lead evidence, in some cases expert evidence, of the reasonable practicability of alternative safety measures contended by it to have been available to the plaintiff and/or employer, unless they were a matter of common sense. In or
AustraliaLitigation, Mediation & Arbitration
