What is the Civil Liability Act?

As with all common law negligence, to establish that negligence did occur, you will need to prove a number of aspects. These include:

• the duty of care owed
• the duty of care was breached
• the breach caused damage, such as injury and loss of work.

Question 2: What is negligence?

Negligence is defined in the legal sphere as the failure to exercise care that a responsible person would exercise in the same circumstances. It is important that in tort law (such as compensation law), negligence refers to harm caused by carelessness, not intentional harm. The latter would be more suited to a criminal case.

In cases where negligence is central, the court is asked to determine if the negligent party owes a duty of care to the injured party. This requires the court to decide if:

• the risk was obvious and foreseeable
• the risk was insignificant;
• a reasonable person would have taken precautions.

In addition to this, a claim will need to prove that the negligent acts directly caused the injury sustained.

Question 3: What should I do if I have been injured?

Firstly, you should seek medical attention for any injuries that require it. After this, make sure you contact a representative of legal services focused on accident compensation.