Gerard Morson featured on 2GB discussing personal injury claims - 12 June 2021
Gerard Morson providing Q & A on the 2GB Chris Smith Show discussing personal injury claims - 12 June 2021
CS – Chris Smith/GM – Gerard Morson /C1,2,3, etc – Callers
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Read the transcript below:
GM Good morning, Chris, thanks for having me on.
CS One here from Linda, Linda writes I tripped on the footpath when walking my dog, after falling I realised the concrete had been raised by tree roots. Oh this is a common complaint, can I make a claim against the local council?
GM The answer is maybe and that maybe depends on whether other people in the public and your neighbours have reported the issue to council. Section 45 of the Civil Liability Act says the council need to be aware of the issue so it’s not good enough that they ought to be aware, they need to actually be aware, so whether their inspectors have picked it up or whether people have reported it to them, unless it can be proved that they know of this defect then the Civil Liability Act says they can’t be liable, so….
CS So Linda would be best advised to get some photographic evidence right away wouldn’t she?
GM I think so and if in future if she sees something she thinks is dangerous. she should report it to her local council immediately.
CS If the council didn’t know that there was a problem with that part of the footpath, can they not be liable?
GM It would be a very difficult case, so they probably wouldn’t be. If you take an extreme example, if there was a sink hole in the middle of the road and the council weren’t ,made aware of it and someone drove into it the council would probably be off the hook in that situation as well, but as always it depends and you should certainly all a lawyer, Linda to discuss.
CS Okay, another email here, this one from Frank. I have an injury and my current lawyer doesn’t return calls or emails. Lawyers don’t do that do they Gerard?
GM Oh Frank, I’m sorry to hear that, I hope I’m not your lawyer.
CS He says I have no idea where my case is up to, what should I do?
GM Well, Frank, first of all I’m sorry to hear this, second of all Lawcover, our professional indemnity insurers and the Legal Services Commission that most complaints come from a lack of communication between lawyer and client. Now I think you should be able to pick up the phone or email your lawyer and see where your case is up to and if they continue to ignore you then I think you should probably see another lawyer, you’re not married to your lawyer, but certainly you’re not getting a service, it is a service industry and you should possibly look elsewhere. It’s a trust relationship, if the trust is irrevocably broke down I would say just talk to another lawyer and they can sort out the issues with that.
CS Good luck with that Frank. Gerard Morson, thank you and have a good weekend mate.
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