A World of Litigation

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By Arthur Waldock

Editor’s Note: we live in a world of increasing litigation and nonsensical prosecution. Doctors and dentists in the US are repeatedly sued by the very people who go to them for help. It’s all part of the culture of “I am not responsible” which is fostered so successfully at present by governments and media organisations worldwide.

People are taught to “sue for all they can get” – whether that be the lady who spilt a take-away cup of coffee on her lap (as she was driving her car) or the swimmer in Australia who sued the local government because when he jumped into the sea, he injured himself on a sandbank!!

Eeeh Gads, these people really should GROW UP!

Given the culture is there, however, it is wise to have options up your sleeve to take action to protect yourself. The article below is from one of our Australian contacts, who has a free report and DVD for readers. As he says, it is designed with Australians in mind, but given the prevalence of “sue-‘em-for-all-you-can” all over the world, I would suggest readers from other countries might benefit from giving Arthur a call.

As we always say, information is not power unless you can apply it: and in this case, there may be ways of applying Arthur’s information in more jurisdictions than at first seems the case!

Why was this Australian Property owner sued for 1.2 million!

This property owner was an ordinary person like you and me. She purchased an investment property in the hope that such a purchase would provide her with a nest egg for later in life. When unexpectedly, this property owner was successfully sued by the tenant who was renting the property from her. Her story was reported like this;

“A woman who injured her back when she tripped on a hole in a carpet sued her land-lady and WON $1.2 million in damages.

The supreme Court in Brisbane was told that the tenant, now 45, had fallen in the hallway of a house in Gamenya Drive, Chatswood Hills, in December 1990.

She had landed on the bathroom floor and sustained a serious injury. The tenant sued the owner of the rented house, claiming the owners or her agent’s failure to take reasonable care for the tenant’s safety caused her injuries.

The tenant claimed that the carpet had been allowed to remain in a dangerous state, that it had not been repaired after requests to do so, and that no interim measures had been taken to ensure that the carpet could no be tripped over.

The property owner’s lawyers disputed the claims and claimed that the tenant had caused or contributed to her own injury by failing to keep a proper lookout. The court was given varying accounts of the size of the hole in the carpet, ranging from 15cm to 45 cm in width.

A mat had been covering the hole, but was being aired at the time the tenant tripped and fell. The Brisbane Supreme Court found that, by failing to repair the hall carpet at the entrance to the bathroom, the property owner failed to provide and maintain the house in good tenable repair.

The Brisbane Supreme Court said that “the property owner had failed her duty of care” and this had resulted in the tenant’s fall and serious injury she suffered. The Brisbane Supreme Court noted that the tenant continued to have chronic back pain and from time to time had been admitted to various hospitals.

The tenant, a qualified secretary, had been unable to work because of the back injury since 1991. The Brisbane Supreme Court assessed damages, which included $450,000.00 for past and future care, $220,000.00 for loss of future earnings, $147,799.00 in interest and $93,852.00 in special damages.

The Brisbane Supreme Court gave judgment for the tenant against the property owner in the sum of $1,248.402.00. (This case is contained in our FREE report)

New theories of liability are created everyday and lawsuits are being brought more often. So to stop this from happening to you, there are three major fire walls that we all must have around our assets, and they should be:

  • Insurance – you must be insured but if insurance doesn’t protect you then you must be:
  • A ‘penniless bum’ – all equity you have in your assets appear mortgaged to the hilt. But if this is pieced then:
  • All your assets are protected by legally constituted trusts that ‘own’ or have a claim in your assets.

This article was prepared especially as an introduction to The Q Wealth Report. This is one of the key themes that members will read about in every issue. If you want to establish yourself in this business and generate 24/7 online profits, we recommend you either learn more or sign up today to benefit from extra free reports on offshore banking and investing.

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