|What is negligence?|
The law of negligence in NSW is now modified by the Civil Liability Act 2002 (NSW).
An essential element of negligence is the existence of a duty of care. The courts over the years have accepted categories of duty of care, or that a special relationship exists between parties, that a person must take reasonable care to avoid acts or emissions which are likely to injury another in such a relationship.
Examples would be an employee and an employer, an occupier and an entrant upon premises, a doctor and patient, a school and its students. These are the most common categories.
In most cases there is little issue that a duty of care exists as most injuries would fall under an accepted category where a duty exists.
The Civil Liability Act then sets out three (3) conditions that must exist before negligence arises.
A person is not negligent in failing to take precautions against a risk of injury unless:
When considering these matters the court must take into account the following:
Each case is determined on its own facts and circumstances applying the principles as we have outlined above.
The law of negligence is complex and you will need the assistance of a Lawyer who is an expert in personal injury law to advise you whether or not you have a claim for compensation under the Civil Liability Act.