Personal Injury

Laina Chan’s exposure to personal injury claims has arisen mainly through claims made on construction all risks policies as well as claims against building and construction professionals for alleged breaches of their professional duty on construction sites that have led to personal injury and third party property damage. By their nature, these personal injury claims involve multiple parties and complex legal issues.

One example of such a personal injury claim is a claim for nervous shock allegedly suffered by an employee who was working in the Lane Cove Tunnel when part of the tunnel collapse taking with it the corner of a block of units. Another example involves a motor vehicle accident on the bus-lane of the then recently opened Northwest T-way which involved an 8 year old child. Complex issues involving the responsibility of the various construction professionals retained in the design and construction of the Northwest T-way are intrinsic to the resolution of the respective liabilities of the various parties to the proceedings. One successful outcome that Laina Chan secured for her client was in Hourani v Siemsen Group Pty Ltd [2012] NSWDC 203 where Ms Chan successfully argued that a building inspector assessing a home to determine the amount damage suffered during a hail storm does not owe the owner of that home, a duty of care to avoid personal injury.

Laina Chan also has experience in defending health professionals in medical negligence proceedings.