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Negligence claims

 

A claim for negligence may be made if you can establish that the defendant owed you a duty of care, breached that duty of care and as a direct result, caused you harm or damage. The duty of care may be breached by an action or series of actions, or by omissions where there is considered a duty to take action.

Peninsula Law can assist you with the following types of negligence claims:

  • Medical negligence
  • Motor vehicle accident
  • Workplace injury
  • Professional negligence
  • Other claims covered by the Civil Liability Act.

FAQs

 
What are the 5 elements of a negligence claim?

To be successful in a negligence claim, you must prove the five elements of negligence: duty, breach of duty, cause and harm. At Peninsula Law, we can help you satisfy prove these elements, build a successful case and receive the damages applicable to harm caused by the act of negligence.

What is a ‘reasonable person standard’?

In a negligence case, the actions of a defendant are compared to how a ‘reasonable person’ would act when faced with the same situation and surrounding context. The defendant will be found guilty of negligence if they did not meet this reasonable standard of care, duty and/or safety.

What are the remedies for negligence?

If a negligence claim is successful, there will be three types of remedies available to a claimant. The most common remedy is damages but injunctions and restitution of property may also be available.

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