Oz Berkovitz Law Office
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Liability & Personal Insurance

Public & Employers’ Liability

Defending bodily injury and property damage claims arising from premises, operations and the workplace.

We represent insurers and defendants in public liability and employers’ liability claims. These disputes often involve competing accounts of an accident, several parties with overlapping responsibilities and a substantial body of medical or technical evidence. We focus the defence on the duties actually owed, the precautions taken, causation and the loss that can be established.

  • Workplace accidents
  • Premises and operations
  • Third-party proceedings
  • Medical and technical evidence

Reconstructing the incident

We examine accident records, photographs, witness accounts, contracts, operating procedures and relevant maintenance or safety material. The purpose is to identify the factual issues that affect liability and the evidence needed to resolve them. Where appropriate, engineering or safety expertise is directed to the conditions at the time of the incident and the measures reasonably available.

Allocating responsibility

The involvement of an employer, occupier, contractor or other party does not remove the need to assess each party’s role separately. We consider the basis of the alleged duty, the causal contribution of the conduct in question, contributory negligence and potential third-party or contribution claims. Insurance and indemnity arrangements are examined alongside, but not treated as substitutes for, the liability analysis.

Assessing injury and financial exposure

In bodily injury cases, the medical history, functional consequences and evidence of earnings and care requirements inform the assessment of damages. We address the relationship between the accident and the claimed impairment, the evidential basis of each head of loss and any relevant deductions. Reporting brings these issues together with defence prospects and a reasoned view of settlement options.

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