Carter Newell, a law firm known for its expertise in insurance and commercial litigation, has examined four 2024 New South Wales court rulings where defendants successfully defended against personal injury claims.
These cases underscore the importance of proving causation, maintaining credible evidence, and taking proactive steps to address liability risks.
According to Carter Newell, the court decisions provide critical guidance for defendants in personal injury claims, particularly in three key areas.
Courts consistently emphasised that a plaintiff must establish a clear causal link between a defendant’s actions and the injury.
Carter Newell observed that even where a breach of duty is identified, the absence of causation can result in a favourable outcome for the defendant. For example, in “Gomez v Woolworths Group Limited,” the court found that a missed inspection – though a breach – was not the cause of the injury, as the fruit was dropped moments before the fall.
The reliability of witness testimony was central to the rulings. In “Islam v Linfox Australia Pty Ltd,” the plaintiff’s inconsistent account of events undermined his case.
Similarly, in “Macari v Snack Brands Foods Pty Ltd,” contradictions in the plaintiff’s evidence about the cause of his fall played a pivotal role in the court’s decision.
Carter Newell noted that when a plaintiff’s testimony is inconsistent or unsupported by other evidence, it significantly weakens their claim.
Carter Newell highlighted the importance of defendants demonstrating they have taken reasonable steps to fulfill their duty of care.
In “Karzi v Toll Pty Ltd,” the court found the employer’s actions – including investigating complaints, dismissing the offending employee, and transferring the plaintiff – were sufficient to meet their obligations. Such actions can provide a strong defence against allegations of negligence.
Carter Newell concluded that the rulings reaffirm the importance of addressing each element of negligence: duty, breach, causation, and damages.
Defendants who document reasonable precautions and maintain credible evidence are better positioned to defend against claims.
These cases demonstrate that even where breaches occur, the absence of causation can be decisive. For liability insurers and employers, the decisions emphasise the value of thorough risk management practices, consistent procedures, and evidence-based defences in mitigating litigation risks.
