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Liability By Design - Newsletter, June 2009.

Publication: Mondaq Business Briefing
Publication Date: 22-JUN-09 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Liability By Design - Newsletter, June 2009.(Drummond and Rosen Pty Limited v. Berry Easey)

Article Excerpt
Architects and design professionals have experienced an increased exposure to personal injury claims in the last five or so years, particularly in Queensland following the enactment of the Personal Injuries Proceedings Act 2002. Where persons suffer injury as a result of an alleged defect in a premises or structure the architect is commonly joined to the claim, even in cases where the architect has a rather limited involvement. Against this background a recent decision of the New South Wales Court of Appeal is welcome news to architects, design professionals and their insurers.

Drummond and Rosen Pty Limited v Easey & Or's [2009] NSWCA 74.

(Judgement – 16 April 2009)

The Facts

On 9 March 2002 the plaintiff, Berry Easey, was injured when he fell on a tiled ramp at an entry to the Miller Shopping Centre in Miller, New South Wales. It was raining at the time and the tiles were wet. The Centre...

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