Liability law – responsibility for damages and injuries resulting from any number of causes, this includes personal injury and property damage. Liability is governed by the law of torts which, in turn, is a branch of both common and civil (or Roman-Dutch) law.
In Australia to claim damages for negligence against another party, you must prove:
The defendant owed you a duty of care; Defendant breached that duty; you suffered loss or harm, and a link between the loss or harm suffered and the breach – it would not have happened without the breach.
Here’s an abstract to give you an idea: “A 57-year old man was injured when he fell from a ladder while painting his garage roof. We accepted, upon expert evidence, that it wasn’t possible to fall from a ladder in the way that the plaintiff did without some breach on the part of the defendant. The breach was, however, contested. We found that the defendant had breached his duty of care to the plaintiff and that this had caused the plaintiff’s injuries.”
In order to make a successful negligence claim, you need to show four things:
- That the person you’re suing owed you a duty of care;
- That they breached that duty;
- That you suffered some sort of loss or injury as a result; and
- That there was a direct link between the breach and your injury – it wouldn’t have happened without them breaking their duty of care.
For example, let’s say you slip and fall in a supermarket aisle due to the wet floor. The supermarket owes you a duty of care because it is responsible for keeping its property safe for customers. They breached that duty when they didn’t clean up the spilled water, so you suffered an injury as a result of their negligence. And there was definitely some sort of link between the fact that they didn’t clear up the water and you slipping over – if they hadn’t left it, you wouldn’t have fallen.
According to William D King someone who commits some act or omission which results in harm to another person may be held legally liable for damages arising from that act under civil law (tort). This area deals with “Liability” (what I did wrong), which is the basis of any claim.
To have a valid claim in negligence, four elements must be established:
- The existence of a duty of care on the part of the defendant to the plaintiff;
- Breach of that duty by the defendant;
- A causal relationship between the breach and the injury suffered by the plaintiff; and
- Actual loss or damage suffered by the plaintiff as a result of the injury.
Take, for instance, you are contracted to paint someone’s garage roof and fall from a said ladder – breaking your arm in the process. In this situation, there would be grounds to sue for damages based upon negligence as you have proven all four points listed above. The contractor who hired you for this job (the plaintiff) would need to prove all four points as well. If the court found that there was no duty of care that extended from the defendant to the plaintiff, then a claim would not lie based upon negligence.
In Australia to claim damages for negligence against another party, you must prove:
- The defendant owed you a duty of care;
- The defendant breached that duty;
- You suffered loss or harm, and
- A link between the loss and harm suffered and the breach – it would not have happened without the breach.
For example, let’s say you slip and fall in a supermarket aisle due to the wet floor. The supermarket owes you a duty of care because it is responsible for keeping its
Liability is a type of civil law that holds the liable party responsible for damages or injuries caused to another individual.
In certain cases, it can be raised as a criminal charge. For example, the crime of “negligent homicide” occurs when an individual causes the death of another person through reckless or negligent actions (or inaction).
People’s Republic of China (PRC) has two kinds of insurance systems: compulsory and voluntary. The state implements various types of social insurance such as work-related injury insurance, maternity insurance, medical insurance, employment annuity insurance, etc. Mandatory basic personal accident insurance for urban employees, civil servants, and teachers is implemented in some regions nationwide. Also, there are other mandatory insurances like housing funds & unemployment insurance. The state encourages the development of voluntary insurance products.
The victim in a liability case has the right to sue for damages. As per William D King damages are usually monetary compensation awarded to the victim to cover losses suffered as a result of the injury or accident. These losses can include medical expenses, lost wages, property damage, and pain and suffering.
Conclusion:
This article has provided an overview of the key concepts related to civil liability and negligence. It is important to understand these concepts if you are thinking of taking legal action against another party.
