PUBLIC LIABILITY, PRODUCTS LIABILITY & PROPERTY DAMAGE
Lee & Lyons provides advice to Australian and European based insurers, underwriters and brokers in relation to public liability, product liability and property damage matters. That advice has canvassed a broad range of issues including policy wording interpretation, advice on indemnity, double insurance, reinsurance and recovery/contribution.
Our team of lawyers are experienced in dealing with a broad range of claims including catastrophic injury and multiple fatality claims.
Lee & Lyons Lawyers understand that in the current commercial environment it is crucial to provide a pragmatic and realistic commercial advice attuned to meet client's specific business needs and have adopted the philosophy that the focus in handling any claim should be early risk analysis and accurate reserving. Lee & Lyons also recognises the importance of ongoing commercial relationships between insurers, underwriters, their brokers and their clients and tailor their advice to support this relationship.
Our early risk analysis covers an assessment of the client's liability, quantification of the claim and the likelihood of the claim proceeding to trial. We then layout a litigation strategy/resolution plan with a view to ensuring that legal principles can be clearly measured against the commercial reality.
Lee & Lyons' extensive practice in this area extends to advising on both non litigated and litigated claims involving:
- road authorities, local councils
- commercial cleaners
- commercial property managers, real estate agents, tour operators, recruitment agents
- owners and industrial retail and domestic premises
- security guards and owners of licensed premises
- non profit organisations, rural enterprises, mine owners,
- major food and beverage manufacturers
- builders/construction companies, labour hire and scaffolding companies
- other tort based claims.
- Energy, transport and water providers/utilities.
EXPERTISE
Public Liability
Lee & Lyons has extensive experience in handling all categories of liability claims from straight forward slip and fall claims to handing multimillion dollar catastrophic personal injury claims arising out of spinal, head and or multiple injuries.
We have personal injury specialists who advise insurers, underwriters, brokers and their agents and strive to achieve the best commercial outcome for each respective client.
Some of our recent experience in this area include:
- Acting on behalf of underwriters of a global transport company in a claim arising out of contaminated oil being supplied to transformers of various energy and electricity utilities in locations around Australia.
- Acting on behalf of a liability insurer of an amusement park in a catastrophic claim arising out of the use of a roller coaster.
- Acting on behalf of a liability insurer of a coal mine in the Hunter Valley in a catastrophic claim arising out of a mine collapse.
- Defending several claims against hotels arising from the actions of security contractors.
- Advising a liability insurer of a security company on coverage in Supreme Court litigation arising out of the destruction of a public school.
- Advising and acting for a liability insurer of an occupier of a community centre providing martial arts instruction which will be a test case on the meaning of dangerous recreational activity.
- Acting on behalf of an insurer of a 5 star international hotel chain arising out of a food poisoning claim.
- Assisting underwriters and religious institutions in responding to allegations of discrimination, abuse and discipline.
- Successfully defended a major Australian retailer against claims made by both workers and workers compensation insurers.
- Counselled insurers on claims prevention and recovery in circumstances of labour hire.
- Acting for Australian and London based insurers of shopping centres, security company's, cleaning company's, licensed premises, industrial facilities, road authorities, civil contractors, infrastructure providers on occupiers and public liability claims.
Property Damage
In the property damage field Lee & Lyons has advised and acted on claims involving arson, flood damage, water penetration, subsidence, vibration damage, building and construction damage. Lee & Lyons understands that property claims often call for expedient advice and a pragmatic approach to claims handling and are conscious of the need to resolve claims without building to litigation.
Recent examples of our experience in this field:
- Acting on behalf of a liability insurer of a multinational engineering company in a catastrophic claim arising out of earth movement works.
- Defended mechanical services contractors under a Combined General Liability Policy against property damage and business interruption claims arising from flooding damage caused to an investment bank.
- Defending an engineering contractor against third party claims arising from subsidence damage caused to road and rail infrastructure located adjacent to a construction site.
- Managed US class action litigation brought against construction contractors arising out of the failure of the levees in New Orleans, USA.
- Advising insurers of a construction company in relation to a multi party dispute arising from cracking and subsidence which developed in a residential apartment block following excavation on a neighbouring property
- Acting for the insurers of a head contractor in respect of a claim for damages arising out of a collapsed drilling rig.
Products liability
Lee & Lyons has advised large and small wholesale and retail suppliers of raw ingredients, and manufacturers of food and beverages on product liability exposure. Lee & Lyons has also acted for the manufacturers of air conditioners, sporting goods and medical supplies. Lee & Lyons has the specialist legal skills required to successfully defend and reduce the impact of a product liability claims and understands that timely and efficient advice is needed to navigate the complex maze of consumer protection laws.
Some recent examples of Lee & Lyons' experience in this area include:
- Acting for insurers of an air-conditioning manufacturer on casualty claims arising out of unguarded cooling fans.
- Acting for London and Australian based insurers of grain and oil suppliers on various contaminated products claims for losses exceeding $5,000,000.00.
- Acting on behalf of a liability insurer of a global confectionary company in a claim arising out of alleged contamination.
- Defended sporting goods retailer against third party claims allegedly arising from the supply of defective sporting equipment.