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Negligence disputes:

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Negligence is where a person's conduct or, in some circumstances, a person's failure to act, falls below the standard of care that would be expected in that situation, and which causes injury or loss to another to whom they owed a duty of care. Some examples of negligence include:

  • A road user driving a motor vehicle at speed and colliding with another vehicle causing injury to the occupants of the vehicle and/or property damage;
  • An employer failing to provide a safe workplace for employees resulting in the injury or death of an employee or visitor;
  • Where a landlord fails to repair property damage and a tenant subsequently sustains injury;
  • Where a home owner knowingly causes damage to a neighboring property or doesn't take steps to prevent or reduce the damage eg by dispersing water onto an adjacent property or failing to maintain trees, both of which may cause avoidable property damage;
  • Where a professional eg a doctor, provides inaccurate medical advice which results in harm to a patient (for more see our 'Professional Negligence' tab);
  • Where a baby sitter, child care center or school fails to properly supervise a child under their care or otherwise fails to provide a safe environment, resulting in injury to the child;
  • Where a supplier or retailer knowingly sells goods that are not safe for consumers causing financial loss and/or injury.

A person, or company, who has been the victim of negligence can make a claim against the negligent party for the value of the loss or injury they have suffered. Such claims can proceed to the Courts and/or may be subject to alternative dispute resolution. Alternative dispute resolution mechanisms such as negotiation, conciliation and mediation provides an informal mechanism by which parties can identify the issues in contention and their position as to the monetary value of the claim, in an attempt to reach a mutually agreeable settlement.

If you wish to speak with one of our Negligence Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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