Fracture settlements
in Queensland.
A moped rider hit by a turning utility at Nerang in 2020 fractured his left lower leg and dislocated his ankle; at ISV 15 his general damages came to $28,700 and his judgment to $32,807.96. A 73 year old who fell when a Labrador ran at him through an open gate fractured his knee and developed foot drop, but lost because the owners had no reason to think the dog was dangerous.
Facts that decide a fracture claim in Queensland
| How pain and suffering is valued | General damages are fixed by an Injury Scale Value from 0 to 100, using the injury ranges in Schedule 4 of the Civil Liability Regulation, then converted to dollars by an indexation notice.MAIC, What can be claimed |
|---|---|
| Dogs off the property | An owner who did not know, and had no reason to know, that the dog had a vicious or mischievous tendency was not liable when it ran out towards a man on the footpath and he fell.Lockhart v Bartholomai [2025] QDC 202 |
| Time limit | The limitation period for injury claims is three years; a court can extend it under s 31 of the Limitation of Actions Act 1974 when a material fact of a decisive character was not known in time.Rodgers v Chinsee [2024] QDC 55 |