How Do You Claim Compensation for Breach of Duty of Care and Negligence

One’s action (or inaction) regarding a reasonably foreseeable accident may be a breach of the duty of care principle. If the defendant’s actions causing the injury were unreasonable in the circumstances, it may also be a breach of their duty of care.

If the court finds that a reasonable person in the same circumstances would not have acted in that way, and if the risk of injury was significant from the start, they would similarly regard the incident as a breach of the duty of care.

Slips, falls, and trips are common injuries, and often there is no one to blame for accidents like these. Sometimes, though, these incidents occur due to another person’s negligence. If the person who is involved in the accident gets injured, he may seek compensation to right the wrong.

For instance, suppose that someone slips on ice cream spilled from a fast-food chain’s bench onto the floor of a shopping centre food court. They may be able to commence a personal injury claim if the fast-food chain or the shopping centre itself has been negligent of their duty of care.

Another situation where there might be a violation of this duty is when a person trips on a cracked tile in an office building. Yet another is when a hotel guest falls down a badly-lit, slippery flight of stairs in a hotel.

Slipping or falling are not the only instances where personal injury claims may arise due to a defendant failing to look after others appropriately. If an employee of a company assaults somebody whilst they are working, the injured person may be able to sue the employer.

An injured person may seek compensation for various things, depending on the severity of the injury. They might claim past and future medical treatment and care, compensation for pain and suffering, compensation for loss of enjoyment of life due to the injury, and compensation for both past and future loss of earnings. If the injuries are significant, permanent and stop the person from working ever again, this will factor heavily in how much a person’s claim is worth.

Also, they could include in their claim past and future costs associated with care provided to them by carers or by relations and loved ones acting as carers. In other words, they could seek compensation for the time their loved ones are spending in caring for them.

If a person or organisation fails in meeting their duty of care to another individual, the latter may reasonably claim compensation from them. However, a duty of care breach is not always clear and there can be many pitfalls. It fits situations where a person was harmed or injured due to reasonably foreseeable and preventable circumstances.

Seek expert legal advice about negligence claims and claims for breach of duty of care and other similar personal injury matters from Andrew Byrnes Law Group. Our personal injury lawyers specialise in cases in the Australian Capital Territory and New South Wales and can help you reach the best possible outcome in your situation. Get in touch with us today for more details.