Printers:

Printing engineers are professionals who offer a service to their clients, where those clients rely on the expert knowledge and technical skills of the engineer to discharge his duties to a high standard of quality. The most common complaint against companies that sell printers to businesses of individuals conducting a business concerns their installation and maintenance. The onset of computer technology was supposed to reduce the quantity of paper consumption, but the exact opposite of this has come to pass. While some businesses pride themselves on ‘green efficiency’ the paperless office is still largely an exotic concept and rare occurrence. This means that printers and printing machines remain one of the essential items that businesses of whatever variety rely upon to keep records and conduct their affairs. Proper installation, maintenance and service is therefore essential for the smooth functioning of day to day business activities.

Where the installation, service and maintenance of printing machines are unsatisfactory, a claim of negligence against that printing company could be made. However, such claims will need to be grounded on solid evidence of negligence, and this will need to be ascertained from the facts of the case. Technical reports may assist and expert evidence may need to be adduced, should an allegation of negligence be taken to Court. However before any such allegations find themselves before a court of law, certain criteria will first need to be established before a case in professional negligence against a printing company can be prosecuted. Generally speaking, the main aspects of a negligence case will involve the following:

• Proof/evidence of a “duty of care”;
• Proof/evidence that this “duty of care” has been breached; and
• Quantum of damage suffered.

Should a claim in negligence be grounded, this could also have implications on the contract and whether it has been breached. Ordinarily, proof of negligence itself may ground a cause of breach of contract. This is because no party’s agree for the other party to act negligently. Thus negligent activity may be considered as ipso facto breach of the terms of the contract itself. In any event, these are matters that will need to be determined according to the law as it stood that the time of the alleged act of negligence or breach of contract. It will also need to be determined in line with the rights and responsibilities as enshrined in the contract itself. These are things that a negligence lawyer may be able to assist with in the preparation of a claim.

Another type of claim against a printing company may arise where items are sent to be printed by a business that specialises in offset printing. Here too negligence can be occasioned where work is completed in a substandard manner. Similar principles apply and where there is damage or loss occasioned, this damage or loss may be claimed where a client decides to sue the printing company for that damage or loss. This is also a situation where a solicitor who specialises in negligence cases can help prepare a claim. A case involving negligent commercial printing may also require technical reports and expert evidence to prove to a court that the negligence was occasioned and that loss was sustained.

If you require assistance with a printers negligence dispute you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors. 

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.