Public, Products and Property Liability

We act for clients in complex litigation involving multiple parties and give expert advice in relation to statutory scheme issues, policy interpretation and indemnity, dual insurance, quantum and recovery issues.

We have extensive experience defending personal injury claims involving accidents at shopping centres, schools, workplaces, construction sites, apartment buildings and domestic homes. We have achieved many successful verdicts at trial, including:

• Enright v The Shire of Maroochy [2002] QSC 394 – a multi-million dollar claim against the Maroochy Shire Council arising from a drowning at a public beach, which we successfully defended.
• Ware v Gusti [2003] QCA 111 – a slip and fall claim brought by a tenant at a residential property against her landlord. We achieved a verdict for our client, both at trial and on appeal.
• Smith v Capella State School [2004] QSC 34 – an unusual claim involving injuries inflicted upon a spectator by a fierce rodeo bull, in which we achieved a verdict for our client.
• Spencer-Knott v Reichhold Investments Pty Ltd [2008] QDC 287 – a trip and fall accident at a busy shopping centre in Townsville, which we successfully defended and achieved a verdict for our client.
• Simpson v Grundy [2011] QSC 299 – an accident involving an unregistered motor vehicle used on private property, with a verdict for the Defendant land owner.
• Du Pradal v Petchell & Anor [2014] QSC 261 – a claim arising out of a boating accident off Moreton island where a spear fisherman was run over by the Defendant’s boat. We successfully defended a Third Party contribution claim.

In addition, we achieve ‘walk away’ settlements in a significant proportion of claims. Recent examples include: the loss of a prime mover due to engine explosion, the failure of a plumbing connection flooding of a six level apartment complex, and multiple personal injury claims arising from a domestic balcony collapse.

Some examples of property and product liability claims we have managed include:

• Building failure caused by floor overloading at commercial premises
• Product failure causing catastrophic water damage to a unit complex
• Fires causing loss of property
• Premature failure of paint and other surface coatings
• Damage caused by spray drift and grinding operations
• Illness caused by exposure to organic pathogens

Compulsory Third Party

We have the most experienced CTP team in Queensland, with our five most senior practitioners averaging over 25 years’ experience as Solicitors. We specialise in managing complex matters involving issues of Indemnity, Liability, Rehabilitation, Fraud and Recovery actions.

We manage the largest portfolio of catastrophic personal injury claims in Queensland and over the past two years have resolved over 39 claims with damages in the range of $1m to $8m.

We manage claims with a view to quick and efficient resolution, either by negotiation, interlocutory determination or expeditious progression to trial. You will experience proficient management of any claims or disputes and outstanding results.

We have achieved many successful results in CTP claims for our clients, including:

• Rodger v Johnson & Suncorp [2013] QSC 117, where we made a formal offer to settle post-mediation which the Plaintiff failed to better and was ordered to pay costs from the date of the offer, including the trial and associated preparation.
• Hornby v Opbroek & Anor [2015] QDC 101, where we successfully argued that injuries inflicted by a glass bottle did not fall within the ambit of the Motor Accident Insurance Act (Qld) 1994.
• Rogers v Suncorp Metway Insurance Limited [2013] QSC 230, where the Plaintiff filed a rehabilitation application in a catastrophic CTP claim seeking Orders for a private built residence, 24-hour care, motor vehicle and access to sex workers. The Court dismissed the application and found that the regime in place was reasonable.
• McAndrew v AAI Limited [2013] QSC 290, where our client obtained a more favourable result in comparison to an offer that was made prior to trial. Our client was subsequently awarded a costs order.
• Suncorp Metway Insurance Limited v Sichter and Ors [2010] QSC 164, where we successfully argued that the circumstances of the accident did not come within the scope of the Motor Accident Insurance Act (Qld) 1994.

Workers Compensation

Jensen McConaghy has resolved many thousands of Workers Compensation claims for WorkCover Queensland, Local Government Workcare and self-insured employers under both the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and the Safety, Rehabilitation and Compensation Act 1988 (Cwlth).

Our workers compensation team comprises two partners and 13 very experienced lawyers. With the depth of our team, we provide a broad range of services to insurers, self-insured employers, claims managers and statutory bodies.

Our performance is consistently ranked very highly amongst its legal service provider panel. We aim to reduce the cost of claims for employers by conducting investigations into liability and quantum issues as quickly as possible and then progressing claims to a face-to-face meeting to achieve a resolution.

We collaborate with our employment law experts, to ensure that our clients’ workplaces, work systems and policies are in order, to minimise their exposure to statutory and common law claims.