Is it reasonable to do nothing in response to a foreseeable risk?Author : Paul Spezza, Lilian See and Matt Boyce

General Liability

Last week the ACT Court of Appeal found in favour of an occupier of a car park in a negligence case: Jennings v George Harcourt Management Pty Ltd [2018] ACTCA 50. The decision is a reminder that the issues of ‘foreseeable risk’ and ‘reasonable response’ must not be conflated when considering whether a party has breached its duty of care. This case is important for insurers and their insureds in reiterating that sometimes ‘doing nothing’ is an entirely reasonable response to a foreseeable risk.

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