Public and Products Liability
Wotton + Kearney has a dedicated team of public and products liability specialists with a proven track record in successfully managing this class of claims on behalf of insurers and insureds.
We are experts in conducting the full range of public and products liability matters from small value, high volume claims to high value catastrophic accidents. Our litigation expertise allows us to pro-actively manage these claims to achieve prompt commercial and cost-effective outcomes.
Our specialist public and products liability lawyers have extensive experience in conducting:
- personal injury claims;
- property damage claims;
- products liability claims;
- compensation to relatives claims;
- coronial inquests and inquiries;
- subrogated recovery actions; and
- policy coverage disputes.
We are thoroughly familiar with all New South Wales and Victorian jurisdictions as well as with Federal and interstate jurisdictions and specialist tribunals such as the Dust Diseases Tribunal. We are experienced in conducting matters in overseas jurisdictions including Asia and the USA.
Wotton + Kearney's public liability expertise includes:
- acting for and against public authorities, statutory bodies and government departments in public liability claims including:
- defending school and statutory health authorities against sexual abuse claims;
- claims against roads authorities for defective roadworks; and
- defending public authorities for claims arising out of water and fire damage, including claims arising out of the Christmas 2001 bushfires at Warragamba Dam;
- defending hotel owners and gaming licensees against claims arising out of criminal activities by third parties;
- defending operators of immigration detention centres in response to psychiatric injury claims by immigration detainees;
- defending owners, managers and service contractors of large commercial premises;
- acting for principals, head contractors and subcontractors in claims arising out of construction site accidents;
- acting for public liability insurers in defending workplace and motor accident personal injury claims;
- advising insurers in relation to claims arising out of property damage suffered in Singapore as a result of a warehouse fire; and
- defending insureds against catastrophic personal injury claims in Australian and overseas jurisdictions.
Wotton + Kearney's products liability expertise includes:
- defending importers of defective goods and pursuing overseas recovery actions against foreign manufacturers;
- acting for a leading pharmaceutical manufacturer in defending a series of product liability claims arising from defective prostheses;
- representing vehicle manufacturers in relation to claims arising from allegedly defective vehicles;
- acting in relation to a multi-party claim for personal injury and property damage arising out of defective agricultural chemicals;
- advising insurers on policy coverage issues arising out of property damage suffered in China as a result of a defective product exported by an Australian insured; and
- advising insurers on coverage issues in relation to a defective product claim arising from a commercial development in Israel.
Some recent reported cases which we have been involved in include:
- Leighton Contractors Pty Ltd v Fox; Calliden Insurance Limited v Fox [2009] HCA 35
- Bevillesta Pty Ltd v Liberty International Insurance Co [2009] NSWCA 16
For more information on Wotton + Kearney's Public and Products Liability experience please contact:
belinda.henningham@wottonkearney.com.au
charles.simon@wottonkearney.com.au
robin.shute@wottonkearney.com.au