Court Denies E-Scooter Negligence Allegation Against City Council
Court Denies E-Scooter Negligence Allegation Against City Council
0
An Australian court recently ruled in favour of the City of Joondalup, rejecting a negligence claim lodged by an injured e-scooter rider.
The Western Australia District Court found the city not liable for an accident involving insurance broker Kirstin Leibbrandt, who collided with a fence post while riding an e-scooter in the Perth suburb of Hillarys.
The court's decision came after Ms Leibbrandt argued that the city had been negligent in situating fence posts too close to the pathway, in defiance of the Austroads Guide to Road Design. Conversely, the city defended its stance, suggesting the incident was a result of Ms Leibbrandt's carelessness while navigating her e-scooter. Judge Alan Troy dismissed her claim, citing that although the risk was foreseeable and not insignificant, it remained minimal for anyone exercising reasonable care.
The accident occurred as Ms Leibbrandt moved to the left to accommodate a cyclist passing from behind, striking a fence post and injuring her wrist. Judge Troy noted her speed of approximately 20-25 km/h on a straight stretch of shared pathway was excessive, contributing to the mishap. The city's defence highlighted that Ms Leibbrandt steered her scooter into the pole during daylight, reiterating that the responsibility lay on the rider's actions.
In its ruling, the court outlined that the Austroads guide, heavily relied upon by Ms Leibbrandt for her case, serves as a general framework rather than a strict mandate. Judge Troy emphasised that road authorities could adapt practices based on local conditions and policies, thus negating negligence claims solely based on deviations from such guidelines.
This verdict underscores the legal principle that local councils are not inherently liable for every accident occurring within public spaces. However, a commentary from law firm Hall & Wilcox advises that authorities should continually evaluate potential hazards, adequately document decisions, and refer to established standards. The judgment endorses a pragmatic approach to public safety, where reasonable measures are expected rather than absolute perfection.
Legal experts suggest this case will likely influence future claims of this nature, potentially shaping how liability is assessed in similar circumstances involving public infrastructure and shared pathways.
In a growing industry concern, the Council of Australian Life Insurers has highlighted an alarming increase in mental health-related claims, which are now the leading cause of total and permanent disability (TPD) claims. The rise has driven insurers to reconsider their current practices and strategies to address this trend. - read more
Landlords in Australia have been advised by QBE Insurance Group to reassess their insurance coverage, following survey findings that indicate many could encounter financial hardships if their rental operations are interrupted. According to QBE's data, 38% of landlords might face financial challenges should their properties become uninhabitable or rental payments cease for a duration of two to six weeks. - read more
An Australian court recently ruled in favour of the City of Joondalup, rejecting a negligence claim lodged by an injured e-scooter rider. The Western Australia District Court found the city not liable for an accident involving insurance broker Kirstin Leibbrandt, who collided with a fence post while riding an e-scooter in the Perth suburb of Hillarys. - read more
Recent findings from the Council of Australian Life Insurers (CALI) reveal that mental health issues have become the primary cause of Total and Permanent Disability (TPD) claims. Insurers disbursed nearly twice the amount for such claims in 2024 compared to five years prior. This data originates from the CALI and KPMG's Cause of Claims Results Report, highlighting a significant shift in the nature of insurance claims. - read more
This website is owned and operated by Clark Family Pty Ltd (as Trustee for the Clark Family Trust) 43 Larch Street Tallebudgera QLD 4228,
A.C.N. 010281008, authorised Financial Services Representative of Unique Group Broker Services Pty Ltd, Australian Financial Services License 509434.
Visit the
ASIC website for additional licensing information.
Web design and construction by: Clark Family Pty Ltd A.C.N. 010 281 008 Copyright 2004 - all rights reserved
