Negligence Disputes

You believe that someone owed you a duty of care to do something properly. They haven’t, and because of it you have suffered a loss or damage. This is an action in negligence.

Only certain relationships give rise to a duty of care. For example, a professional advisor providing professional services; land owners to tenants and visitors; and manufacturers to consumers.

Often a claim to negligence involves other claims, including an alleged breach of contract and/or an alleged breach of the Australian Consumer Law. There is a significant overlap which often results in all allegations being made as part of the dispute.

Unlike contract disputes, damages can also include non-economic loss – meaning pain and suffering. Expert medical evidence is required to support such claims.

You can protect yourself from claims in negligence by having good insurance, and properly documented and recorded policies and procedures, risk assessments, training programs, and contractual terms including a disclaimer of liability. Let us help you to reduce this risk.

If you have suffered loss and damage, then we will discuss the events and give you some options for pursuing the matter further. Often a claim in negligence is dealt with by an insurer on behalf of the negligent party. In those instances, quickly and accurately setting out the claim will assist a prompt decision from the insurer. You can get the result you want faster and more easily with strategic advice and representation.