Negligence is the failure to use reasonable care. That is, negligence is measured against what a reasonable person would have done under the same or similar circumstances. This can include a wrongful act as well as not doing something. Negligence claims can range from someone not mopping up a spill on the floor to a professional not providing proper professional advice (also known as professional negligence).
If you are injured or have suffered damages because someone else acted in a negligent manner, you may have a cause of action, or a lawsuit, against the person who acted unreasonably.
Strict time limits apply for matters involving negligence. You should seek legal advice as soon as possible. So don’t delay – complete our fast, free Legal Enquiry Form NOW!
For negligence to be established, the plaintiff must be able to prove that there was a duty of care, that this duty was breached and that this breach caused the injury.
There are many forms of negligence. Some examples of negligence can include, but are not limited to:
- a manufacturer breaching their duty of care by providing a defective and unsafe product. For example, a person buying a cereal box and finding glass in the box.
- a driver breaching their duty of care to drive safely on the road. For example, a driver running a red light.
- an employer breaching their duty of care to provide a safe workplace and ensuring the right safety measures are in place. For example, an employee injuring their back trying to lift a heavy box.
- the owner of a shopping centre breaching their duty of care to provide a safe place for you to shop. For example, a customer tripping over a broken tile.
- a doctor breaching their duty of care in providing the wrong medical advice and treatment. For example, a doctor prescribing the wrong medicine.
If you have been injured or suffered property damage due to someone else’s negligence, then you are entitled to make a claim for compensation. The purpose of compensation is to compensate you for the following possibilities:
- Loss of earning capacity
- Physical disabilities
- Medical and hospital costs
- Attendant care and rehabilitation costs
- Damaged or destroyed personal property
- House and motor modifications to accommodate your injuries
- Dependant spouse and / or dependant children
By filling out our legal enquiry form, we will put you in direct contact with lawyers who specialise in this area of the law and in getting you the maximum compensation!
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