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01 March 2010
A 75-year-old resident in a care home suffered from dementia. Since arriving at the home four months before the assault, he had committed 13 acts of aggression and at least five attempts at serious acts of aggression, including trying to strangle one of the residents.
A two-year-old claimant was using a swing at a park when the left hand side of the chain came off the top frame and he fell to the ground and was injured.
A smooth vinyl hard floor surface had been put down about six weeks before this accident at a hospital.
The claimant tripped in a pothole that was 53cm x 20cm x 4.4cm at its deepest points.
The claimant was asked by her manager to clear a lot of boxes underneath a desk. There were 12-13 boxes of documents weighing about 15kgs each.
The strict time limit for bringing a personal injury claim is three years from the date you knew or ought to have known you had an injury caused by work. But the court sometimes gives discretion.