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Friday, 26 April 2019

Landlord Liability slippery bath Mat - Fail!!


A woman who injured her right shoulder slipping on the wet bathroom floor of a holiday apartment in Margaret River has failed in her attempt to sue the owners


Amanda Nikolich fails attempt to sue Margaret River holiday apartment owners over bathroom floor slip


credit PerthNow   April 27, 2019 
A woman who injured her right shoulder slipping on the wet bathroom floor of a holiday apartment in Margaret River has failed in her attempt to sue the owners.
Amanda Nikolich took civil action against Matthew Webb and Karen Somers, the owners the studio apartment, after her injury on Valentine’s Day in 2014.
A spa she’d been enjoying with her husband, Goran, had been interrupted by a smoke alarm going off repeatedly. Mr Nikolich had responded three times, getting out of the bath without drying to turn it off.
Each time the bathroom floor got wetter.
Later after both had showered and gone to bed, Ms Nikolich went back to bathroom to check on some tea candles. As she reached for one of the candles, she slipped and fell, screaming out in “pain”.
Chaos ensued when Mr Nikolich came to her aid and also slipped, falling on his back, with both ending up in a “heap” on the floor.
After giving her some pain relieving medication, he took her to the local hospital.
In the District Court trial, Ms Nikolich alleged the owners failed in their duty of care by not warning them about the slipperiness of the polished concrete floor when wet, failing to provide sufficient bath mats as well as a grab rail.
She also alleged water leaked from the shower, increasing the slip risk.
Mr Webb and Ms Somers claimed Ms Nikolich’s injury was caused by her negligence.
In his judgment published this week, Judge Hylton Quail agreed that the plaintiff had contributed to her injury because she knew the bathroom floor was still wet and could have dried the floor with towels or put a towel on the floor, but didn’t.
did the landlord have insurance ... the costs to defend are substantial and such costs are included in Liability policies.

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JUDGE DETERMINATION

He found she also failed to steady herself by holding onto the vanity, spa, wall edge or towel rail.
The fact that water accumulated near the bath and outside the shower recess “was a matter of common experience and known to all reasonable adults who use bathrooms.”


THE LESSON
The principle benefit of Insurance is the right to transfer to cost and burden to another - your insurer

Liability is often not then cost of negligence but the whopping legal costs in determining the duties in according with the written / statute of law or in the absence of written law  Common law 































Wednesday, 27 September 2017

Rewards or Punishments? What Motivates YOU


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The 18th-century polymath Jeremy Bentham once wrote, “Pain and pleasure govern us in all we do, in all we say, in all we think.” Modern neuroscience strongly supports Bentham’s intuition. The brain’s limbic system, which is important for emotion and motivation, projects to the rest of the brain, influencing every aspect of our being, from our ability to learn, to the people we befriend, to the decisions we make.
Image result for managementIt is not surprising, then, that when we attempt to motivate people, we try to elicit an anticipation of pleasure by promising rewards (for example, a bonus, a promotion, positive feedback, public recognition), or we try to warn of the pain of punishment (a demotion, negative feedback, public humiliation). But what’s not always clear is: Which should we be using — the promise of carrots or the threat of sticks? And when?
A study conducted at a New York state hospital provides some answers. The goal of the study was to increase the frequency by which medical staff washed their hands, as sanitization in medical settings is extremely important for preventing the spread of disease. The medical staff is repeatedly made aware of this, and warning signs about the consequences of unsanitized hands are often placed alongside sanitization gel dispensers. Yet cameras installed to monitor every sink and hand sanitizer dispenser in the hospital’s intensive care unit revealed that only 10% of medical staff sanitized their hands before and after entering a patient’s room. This was despite the fact that the employees knew they were being recorded.

Then an intervention was introduced: An electronic board was placed in the hallway of the unit that gave employees instant feedback. Every time they washed their hands the board displayed a positive message (such as “Good job!”) and the current shift’s hand-hygiene score would go up. Compliance rates rose sharply and reached almost 90% within four weeks, a result that was replicatedin another division in the hospital.
Why did this intervention work so well? The answer provides a general lesson that goes beyond hand washing.
The brilliance of the electronic board was that, instead of using the threat of spreading disease, the common approach in this situation, the researchers chose a positive strategy. Every time a staff member washed their hands, they received immediate positive feedback. Positive feedback triggers a reward signal in the brain, reinforcing the action that caused it, and making it more likely to be repeated in the future.

But why would inconsequential positive feedback be a stronger motivator than the possibility of spreading disease? This may seem odd, but it fits well with what we know about the human brain.
Neuroscience suggests that when it comes to motivating action (for example, getting people to work longer hours or producing star reports), rewards may be more effective than punishments. And the inverse is true when trying to deter people from acting (for example, discouraging people from sharing privileged information or using the organization’s resources for private purposes) — in this case, punishments are more effective. The reason relates to the characteristics of the world we live in.
To reap rewards in life, whether it is a piece of cherry pie, a loved one, or a promotion, we usually need to act, to approach. So our brain has evolved to accommodate an environment in which often the best way to gain rewards is to take action. When we expect something good, our brain initiates a “go” signal. This signal is triggered by dopaminergic neurons deep in the mid-brain that move up through the brain to the motor cortex, which controls action.
In contrast, to avoid bad things — poison, deep waters, untrustworthy people — we usually simply need to stay put, to not reach out. So our brain has evolved to accommodate an environment in which often (though not always) the best way to not get hurt is to avoid action altogether. When we anticipate something bad, our brain triggers a “no go” signal. These signals also originate in the mid-brain and move up to the cortex, but unlike “go” signals, they inhibit action, sometimes causing us to freeze altogether. (Even in situations where real danger is imminent, the freeze response often precedes the fight-or-flight response that may follow it, like a deer in the headlights.)
Image result for managementThis asymmetry partially explains why electronic positive feedback was more successful at motivating the medical staff to wash their hands than the threat of illness to themselves and others. There are a number of other reasons too, such as social incentives, that I uncovered when researching and writing my book.
Other work demonstrates how we are biologically wired such that anticipating rewards elicits action. In an experiment led by neuroscientist Marc Guitart-Masip, which I and others collaborated on, we found that volunteers were quicker to press a button (that is, to act) when we offered them a dollar (anticipating a reward) than they were to press a button to avoid losing a dollar (anticipating punishment). However, they did a better job when they were asked not to press buttons (to not act) to avoid losing a dollar than they did when we offered them a dollar in return. In the latter case they sometimes instinctively pressed the button.
While we should be cautious translating such basic research to real-world situations, it would seem that creating positive anticipation in others (perhaps with a weekly acknowledgment of the most productive employee on the company website) may be more effective at motivating action than threatening poor performance with a demotion or pay cut. Fear and anxiety can cause us to withdraw and give up rather than take action and improve. In line with this notion, studies have shown that giving people small monetary rewards for exercising or eating healthily was more effective at changing behavior than warning of obesity and disease.

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There is another reason why warnings often have limited impact. Our researchhas shown that the brain encodes positive information (such as learning that the likelihood of obesity is lower than previously thought) better than negative information (such as learning it is higher). In fact, people often assume negative information is unrelated to them, but view positive information as very much relevant, which generates an optimistic outlook.
When we notice others making suboptimal decisions, we automatically fast forward in our heads and visualize their failure, leading us to warn them about the devastation we envision. But what the research here suggests is that we need to consciously overcome our habit of trying to scare people into action, and instead highlight the rewards that come with reaching our goals.



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Monday, 21 August 2017

Steadfast reveals record results










credit extract from ins mag

 Steadfast has announced a fourth consecutive year of growth with net profit after tax for the business up 10% for FY17.

Profit hit $66m, up 9.8% on last year, as GWP hit record levels of $5bn placed by Steadfast Network brokers, also up 9.8% on last year.





Robert Kelly, managing director and CEO of Steadfast, said that the record GWP result was thanks to “premium price increases in the last few months across our primarily Australian SME (small-to-medium enterprise) portfolio and the addition of 18 new brokers to the Network”.


Steadfast Underwriting Agencies also saw GWP rise 4% over the year as Steadfast Direct delivered a 115% boost on its GWP numbers compared with last year.

 

“We saw premium price improvements across our portfolio with a 3.8% increase in FY17,” Kelly continued. “The June renewal period was particularly strong, resulting in a circa 6% GWP uplift compared to the prior corresponding period.”

Kelly noted that the firm continues to invest in technology to benefit both its brokers and clients with the Steadfast Client Trading Platform now featuring five insurance classes contracted with insurer partners which is expected to see revenue increases next year.

Looking ahead, the firm provided its FY18 guidance of profit between $70m and 475m, based on premium price increases across brokers’ portfolios of 5-7%.


Steadfast is a member group of Brokers throughout  Australia and Asia


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Tuesday, 8 August 2017

email scam more than ever warns ASIC







 Image result for email scam


 The Australian Securities and Investments Commission (ASIC) has issued a warning against scam emails purporting to be from ASIC.









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The corporate watchdog said some of its Registry customers continue to receive fake emails that appear similar to ASIC's and generally instruct recipients to click on a link or download a fake invoice. These fake emails are used by scammers to elicit payments, spread software viruses, and install spyware or malware programs for stealing personal information from ASIC customers.




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“It is always important to be wary of unsolicited emails that demand payment or contain suspicious attachments or links, especially if you have never dealt with the organisation they are from,” ASIC commissioner John Price said.

Search and compare insurance product listings against Phishing from specialty market providers here

The regulator said an email will not be from ASIC and is probably a scam if it asks the receiver:
  • to make a payment over the phone;
  • to make a payment to receive a refund;
  • to provide credit card or bank details directly by email or phone; or
  • to download software for an electronic device.
ASIC also cited the following measures for helping customers protect themselves online:
    Image result for email scam
  • keep all anti-virus, malware, and spyware protection updated;
  • avoid clicking on any suspicious links;
  • ensure that there's a firewall in place and that it's up-to-date; and
  • scan email attachments with security software before opening them – especially if they are executable (.exe) files or zip (.zip) files, as these are more likely to contain malware or ransomware viruses.


To make sure about the authenticity of an email, customers can visit the ASIC website for more information.

Anyone affected by a scam can report to the ACCC via the Scamwatch 'Report a scam' page.





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