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Negligence is a legal term to describe a cause of action that can be brought against another if a person has breached the duty of care owed to another and loss or injury has occurred as a direct result thereof.

To be successful in a claim in negligence, the following prerequisites must be established:

  1. Duty of care- A duty of care is expected in certain types of relationships and involves the duty of one party to seek to protect the safety and wellbeing of another person. Common relationships where a duty of care exists includes a teacher and a student and a doctor and patient.
  2. Standard of care- This reflects the level of care that is reasonably expected of somebody owing a duty of care. The standard may differ from case to case depending on factors such as the experience and expertise of the person owing the duty of care or the vulnerability of the person in need of care.
  3. Breach of standard of care- This is where the person who owes a duty of care has failed to exercise the standard of care required.
  4. Causation- The breach of the standard of care has caused injuries, death or other loss to the person to whom the duty of care is owed.

For a claim in negligence, limitation periods apply. This means that you only have a specific time in which to bring a claim before the Court.

If you have been injured or suffer loss as the result of the negligence of another, or if a family member has died following an act of negligence, we recommend that you contact our firm on (02) 9233 4048 or send an email to info@navado.com.au and arrange an appointment to see one of our Personal Injury & Compensation Solicitors.

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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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