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What is the Civil Liability Act?

The Civil Liability Act was enacted in 2002 to ensure that people who were injured had the ability to seek redress through the courts. To ensure that you have the best chance of attaining a financial settlement, make sure you talk to the experts in compensation law.

With the help of an accident compensation lawyer, you can cover your bases and ensure you have the right level of redress to compensate for your injuries. To help you understand the claim process, here is a quick guide to the the Civil Liability Act.

Question 1: What does it include?

The Act applies to a number of circumstances where negligence forms part of the claim. In section 3B however, there are a number of exclusions. These are:

  • intentional conduct
  • dust diseases claims
  • tobacco related claims
  • motor accidents
  • public transport accidents
  • workers compensation
  • victims of crime
  • sporting injuries compensation
  • compensation under the Anti Discrimination 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.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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