An injury may affect a person’s ability to earn income, both immediately and in the future. Economic loss concerns the financial consequences of that reduced earning capacity.
Damages
General Damages
General damages compensate for recognised non-economic consequences of an injury, including pain and suffering and loss of amenities of life. Their assessment depends on the applicable law.
Dennison v Brisbane City Council: Council liability and the section 36 test
A cyclist struck an unlit Council barricade before dawn. The Court of Appeal considered when a public authority’s conduct crosses the higher threshold imposed by section 36.
Bullock v Wraight: Surveillance, credibility, and damages in a motor vehicle injury claim
Surveillance footage showed a motor vehicle accident plaintiff undertaking activities said to conflict with her reported limitations. The Court of Appeal considered credibility, expert evidence, and damages.
Common Law Claim
In Queensland workers’ compensation matters, a common law claim is a claim for damages based on an employer’s legal responsibility for a workplace injury.
Contributory Negligence
Contributory negligence may arise where an injured person’s own conduct contributed to the harm they suffered, potentially reducing the damages recoverable.
CCIG Investments v Schokman: When Is an Employer Vicariously Liable for an Employee’s Conduct?
When does an employee’s wrongful act fall within the course or scope of their employment? The High Court considered the connection required before vicarious liability will arise.
Tapp v Australian Bushmen’s Campdraft: When Is an Injury an Obvious Risk?
Four riders fell, an experienced competitor warned that the arena was unsafe, and the event continued. The High Court considered whether the resulting injury was truly an obvious risk of campdrafting.
Stewart v Metro North Hospital and Health Service: Future Home Care and the Compensatory Principle
Can an injured person claim the higher cost of receiving future care at home? The High Court considered reasonableness, mitigation, and the compensatory purpose of damages.
McGrath v Ezy Projects Pty Ltd: Ladder Safety, Employer Negligence, and Contributory Negligence
Review McGrath v Ezy Projects [2026] QDC 121, a Queensland workplace injury decision concerning ladder safety, employer negligence, contributory negligence and damages.