@ozstockman wrote:

@janeababe wrote:

this is a very interesting topic, even if the OP was just wandering!  LOL

 

So, now I'm wondering, would my house insurance cover *jo-blo*  hurting themsleves in my driveway whilst attending to my garage sale?

 

 

Thanks folks xx

I think you should be ok if it happens during a garage sale considering that you are selling your own household things which are not related to buisness. However I doubt that insurance compamy for your home/content insurance  will cover it if it happens because you are runnign a business from your house and somebody is injured becase their visit is related to your business.  When you do a quote for business insurance they actually ask you if your customers are comming to your house. 

A home owner holding a garage sale had not been negligent in failing to take measures to stop a customer tripping on an uneven driveway surface, the High Court of Australia held today. Ms Junkovic, then 53, attended the garage sale Ms Neindorf held at her home on Saturday, 5 February 2000. As she walked up the driveway she tripped on an uneven join in the concrete. One slab of concrete was 10 to 12mm higher than the other. The difference in height was clearly visible. Ms Junkovic fractured a bone in her right foot. She successfully sued Ms Neindorf in the Magistrates Court of South Australia. The Magistrate held that Ms Neindorf had breached the duty of care she owed Ms Junkovic and awarded damages of $24,464.

Ms Neindorf successfully appealed to a single judge of the Supreme Court but this decision was overturned by a majority of the Full Court. She then appealed to the High Court. The Court, by a 4-1 majority, allowed the appeal. It held that Ms Neindorf had a duty to take reasonable care but in the circumstances this did not extend to taking action such as painting lines, erecting warning signs, carpeting over the join or placing a table over it. The Court said that the danger was minor and obvious and such cracks and unevenness were to be found in footpaths and driveways throughout suburban Australia. Eliminating or warning against all potential hazards encountered at most homes was not practicable.

The SA Wrongs Act listed factors to be taken into account in assessing the appropriate standard of care owed by an occupier such as a home owner. However, section 17(3) provided that the fact that an occupier had not taken measures to eliminate, reduce or warn against a danger arising from the condition of premises does not necessarily show that the occupier had failed to exercise a reasonable standard of care. The Court held that there was no failure to exercise reasonable care in this case

This case did get overturned but it could have easily gone the other way (which it did at first) that could have been a $25k mistake 

Personally, I can not see any reason not to get Public liability. I would rather be over insured than wish I had taken it out. Mine cost me less than $200, for the year, and I have peace of mind (FYI I did check this out and I am meant to have it anyway) as nevillesdaughter correctly pointed out if you run a business from you home you will need it it does not matter if you have pick ups or not if you run a business you home is a business premises and anyone injured there could sue make sure your covered. 

Even if you just sell a few things ever now and then I would still check out (not on here) you legal responsibilities ask yourself what it would mean if someone sued you for tens maybe even hundreds of thousands of dollars. It is up to each and every one of us to decide what we want to do but personally I would say this is something you do not want to assume about take the time to find out for sure.No matter what anyone says here if (and hopefully it want) something happens on your premises you are the only person that will be held responsible