2gb Radio Interview
Maurie Stack, chairman of Stacks Law Firm was interviewed on 2GB by Ben Fordham on May 29 about the case of the parents of a baby girl who sued the girl’s grandmother for dropping her, causing head injuries.
Ben Fordham: The grandmother dropped her granddaughter while she was walking up stairs causing the baby severe head injuries. The girl’s parents sued the grandmother and the court has just awarded the case in favour of the girl and her parents – the grandmother was the mother of the baby’s mother. So a grandmother has been successfully sued for slipping down some stairs and injuring her granddaughter. Litigation expert Maurie Stack from Stacks Law Firm is on the line. G’day Maurie.
Maurie: G’day Ben.
Ben: You would have come across this before surely.
Maurie: Yes, it is actually not that unusual. You will probably find that the grandmother was insured so it was really an insurance claim.
Ben: That is the bottom line in a lot of these things. We read it in the paper or hear it on the radio and it sounds like both sides are at war, but often it is just taking advantage of insurance.
Maurie: Exactly. Most household and content insurance policies provide you with insurance cover if you negligently injure someone anywhere within Australia.
Ben: So even if it is a family member it doesn’t matter who it is as it is not the family member who is paying, it is the family member’s insurer.
Maurie: Yes. My niece when she was at boarding school was being chased by one of her girlfriends and she slammed a glass door and her friend ran straight into it. We ascertained my brother’s household and contents insurance policy provided cover and so we gently encouraged her schoolmate to sue her, which she did.
Ben: This is a big hurdle for us to jump because in our minds when we hear about someone suing someone, we automatically assume conflict between two parties.
Maurie: My own son Ben lost the tip of his finger while he was unloading a boat trailer on my instructions. I referred him to another lawyer who sued me under our household and contents policy.
Ben: Your son sued you?
Ben: You’ve been sued by your own son?
Maurie: That’s right.
Ben: Did he win?
Maurie: He’s now a lawyer and works for Stacks Law Firm.
Ben: You are kidding me? Who won the case?
Maurie: We ended up compromising because of one problem and that is normally family members who reside with you are not covered by the policy if they themselves are injured.
Ben: It must have made very interesting dinner conversation.
Maurie: Well in this case he was at boarding school so we argued he wasn’t residing with us but at the school.
Ben: So it’s not as unusual as it sounds because on face value a grandmother being sued for dropping her granddaughter does sound strange. Thanks very much Maurie.
Maurie: Thanks Ben.
Ben: Maurie Stack from Stacks Law Firm who knows all about litigation.