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  • Reuben Bergola

Understanding Negligence in Australia

In Australia, a person can be held responsible for damage caused to another person, or their property, if they are negligent. Essentially, negligence results from either an act or a failure to act, which can result from either recklessness or carelessness. We'll discuss what negligence is and the legal ramifications of committing such an act.


Defining Negligence


Negligence is the failure to exercise reasonable care in regard to a situation. The legal definition of negligence is the failure to avoid causing harm to another person through one's actions.


For example:


A construction company is decorating a house. It decides to use power washers to clean the house and driveway. When operated properly, these power washers can be powerful and can damage surrounding property. The company decides to power wash the property of the house next door. The neighbour's property suffers damage. The neighbour has suffered damage as a result of the construction company's negligence.


If you have been charged with negligence, you should immediately seek legal advice. A conviction for negligence can have serious consequences.


Negligence and Duty of Care


Under Australian law, everyone has a right to be protected by their neighbours or strangers from harm. In other words, everyone has a right to reasonable care and protection.


In a commercial setting, this right is referred to as a duty of care. Businesses that sell products directly to the public have a duty of care to ensure that they are safe. In the above example, the construction company has a duty of care to ensure that their work does not cause damage to neighbouring properties.


It is also the duty of care of the homeowner to ensure that their property is safe. If the power washers cause damage to the neighbouring property, it is the duty of care of the homeowner to ensure that damage is covered.


Negligence and Recklessness


The term recklessness is often used to describe someone who has committed an act that shows a complete disregard for the safety of themselves or another. Recklessness is a more serious crime than negligence.


For example:


An employee is working for a roofing company. He is standing on the roof of a house and falls through the roof. The employee suffers a number of injuries and is forced to take some time off work. The employer should have ensured that the roof was safe before the employee commenced work. The employer's negligence caused the employee to suffer injuries.


Can Insurance Cover Negligence?


If you have suffered an injury due to someone else's negligence, you may be able to receive compensation to help cover the cost of your medical bills.


Some insurance policies automatically include cover for personal injury. However, it is essential to check with your insurance provider or a lawyer before making a claim.


If you have been charged with negligence, you should contact your local solicitor to help you with your case. It's best to find someone who can provide you with dedicated legal advice that is made to suit your needs.


Conclusion


Negligence can have serious consequences. If you have suffered an injury as a result of someone else's negligence, you may be able to receive compensation to help cover the cost of your medical bills. Some insurance policies automatically include cover for personal injury.


Thank you for visiting New Wave Insurance. We are the go-to choice when it comes to finding the right insurance for your vehicles, assets, and business. Just like a solicitor provides you with professional legal advice, our team of insurance specialists can also do the same with your insurance. Contact us today to book an appointment!


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