Public Liability Insurance Online :: News
SHARE

Share this news item!

Court Denies E-Scooter Negligence Allegation Against City Council

Court Denies E-Scooter Negligence Allegation Against City Council

Court Denies E-Scooter Negligence Allegation Against City Council?w=400
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.

Published:Monday, 14th Jul 2025
Source: Paige Estritori

Share this news item:

Insurance News

Court Denies E-Scooter Negligence Allegation Against City Council Court Denies E-Scooter Negligence Allegation Against City Council
14 Jul 2025: Paige Estritori

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
Mental Health Surpasses Other Causes in TPD Claims, Doubling Payouts Over Five Years Mental Health Surpasses Other Causes in TPD Claims, Doubling Payouts Over Five Years
14 Jul 2025: Paige Estritori

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
Impact of Trump Tariffs on Global Insurance Industry Impact of Trump Tariffs on Global Insurance Industry
11 Jul 2025: Paige Estritori

According to Swiss Re’s latest Sigma report, the growth of property and casualty premiums is moderating in both Australia and globally. This moderation is primarily driven by a slowdown in rate hikes. Additionally, the Trump administration's America First trade policy is putting further pressure on the insurance sector. - read more
Navigating Changes in Australia's Life Insurance Advice Landscape Navigating Changes in Australia's Life Insurance Advice Landscape
10 Jul 2025: Paige Estritori

The conversation on the shifting dynamics in Australia's life insurance advice sector featured Zurich Australia's head of adviser channel, Kieran Forde, and Hayes & Co director, Katherine Hayes. They engaged with editor Chris Dastoor to spotlight the current market conditions and future prospects for financial advisers in this domain. - read more
ASIC Challenges Federal Court's 'Fair Term' Ruling ASIC Challenges Federal Court's 'Fair Term' Ruling
09 Jul 2025: Paige Estritori

The Australian Securities and Investments Commission (ASIC) is appealing a Federal Court decision regarding the wording of a 'pre-existing condition' clause in certain HCF Life insurance products. The court previously determined that while the wording had the potential to mislead consumers, it did not constitute an unfair contract term under the current laws set out in the ASIC Act 2001. - read more


Business Insurance Articles

The Role of Public Liability Insurance in Protecting Hospitality Venues The Role of Public Liability Insurance in Protecting Hospitality Venues
Public liability insurance serves as a critical safety net for event organizers, often seen as a robust shield safeguarding against potential financial repercussions arising from unforeseen incidents. In the dynamic atmosphere of events, where a multitude of variables come into play, this insurance plays a fundamental role in ensuring the stability and continuance of the host's operations. - read more
The Business Owner's Guide to Calculating Adequate Public Liability Coverage The Business Owner's Guide to Calculating Adequate Public Liability Coverage
For any business owner, navigating the waters of legal and financial protection can be daunting. Public liability insurance is a lifeboat in this respect; by understanding its basics, businesses can better shield themselves against the unpredictable tides of liability claims. As a starting point, public liability insurance is designed to protect businesses in the event that a third party suffers an injury or property damage due to the business's operations. - read more
Why Retail Store Owners Can't Afford to Skip Public Liability Insurance Why Retail Store Owners Can't Afford to Skip Public Liability Insurance
As the owner of a retail store, you may not realize that the day-to-day interactions with customers and the public pose significant financial risks. Whether it's a customer slipping on a wet floor or a product causing harm, the threat of negligence claims is all too real. This is where Public Liability Insurance becomes not just a safety net, but a fundamental necessity for your business operations. - read more
Public Liability Insurance for Tradespeople: Safeguarding Your Business on Site Public Liability Insurance for Tradespeople: Safeguarding Your Business on Site
If you're a tradesperson, safeguarding your business is not just about having the right tools and skills, but also ensuring you're protected against unexpected events on site. Public Liability Insurance plays a crucial role in your safety net, providing a shield against potential financial setbacks caused by accidents and injuries. - read more
5 Things Every Restaurant Owner Needs to Know About Public Liability Insurance 5 Things Every Restaurant Owner Needs to Know About Public Liability Insurance
Every restaurant owner needs to be familiar with the term 'public liability insurance'. This type of insurance is designed to protect your business financially in case a customer or a member of the public suffers an injury or property damage as a result of your business operations. In a bustling restaurant environment, accidents can happen—the risk of slips, spills, and other mishaps is ever-present. - read more
How to Choose the Right Public Liability Insurance Policy for Your Business How to Choose the Right Public Liability Insurance Policy for Your Business
When it comes to running a business, safeguarding your financial well-being against unforeseen events is crucial. Public Liability Insurance (PLI) is designed to protect your business from the financial risks associated with claims of property damage, personal injury, or death caused to third parties due to business activities. Understanding this shield of security is the first line of defense in a world where accidents and mishaps are not just possible but often probable. - read more
A Guide to Public Liability Insurance for Construction Businesses A Guide to Public Liability Insurance for Construction Businesses
When embarking on a construction project, the potential for unexpected incidents and the associated liabilities cannot be ignored. Navigating through the intricate world of insurance might seem daunting, but understanding public liability insurance can save your business from financial peril. In the ever-evolving landscape of Australian construction, its significance cannot be overstated. - read more
Protect Your Construction Business: The Importance of Adequate Liability Coverage Protect Your Construction Business: The Importance of Adequate Liability Coverage
Operating within the construction industry involves managing an intricate web of risks and liabilities daily. Public liability insurance stands as one of the core safeguards to protect businesses from potential financial pitfalls that may arise from these risks. - read more
Navigating Public Liability Insurance for Event Organizers: A Must-Read Guide Navigating Public Liability Insurance for Event Organizers: A Must-Read Guide
Event organizing can be an exhilarating adventure, teeming with creativity and collaboration. However, with the buzz of activity and the gathering of crowds comes a significant responsibility to ensure the safety and well-being of attendees, staff, and the venue itself. This is where Public Liability Insurance becomes a pivotal part of an event organizer's toolkit. - read more
Understanding Public Liability Insurance for IT Consultants: Risks and Mitigation Understanding Public Liability Insurance for IT Consultants: Risks and Mitigation
Public Liability Insurance acts as a shield for businesses, and for IT consultants, it's a safeguard against the unforeseen legal costs and compensation payments arising from third-party claims. As professionals who offer expert advice and services, IT consultants face unique risks that can lead to liability claims. Having public liability insurance not only provides a financial safety net but also serves as a testament to the consultant's responsibility and professionalism. - read more


Your free liability insurance quote comparison starts here!
Cover Amount:
Postcode:

All quotes are provided free and without obligation. We respect your privacy.

Knowledgebase
Public Liability Insurance:
Insurance which provides protection against liability to third parties.