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  • 08 Accidents and Insurance
  • Negligence
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Handbook

Negligence

This chapter covers what an action in negligence means, the law underlying compensation and bringing an action in negligence, accidents on land, time limits that apply to bringing an action, when a person is intoxicated, how much a person may be entitled to if an action in negligence is successful and common defences to negligence.

The Civil Liability Act (Tas) 2002

The Civil Liability Act 2002 (Tas) is the statute that applies in Tasmania for personal injury cases. There have been several amendments since then, which are incorporated into the Act. The common law is still important in Tasmania in determining issues such as the duty of care. The Law It is a...

Negligence and Duty of Care

Negligence Negligence in its legal sense means a failure in law to do what a reasonable person would have done in the circumstances. To establish liability a plaintiff must first establish that the defendant owed a duty of care towards the plaintiff. Over a period of years the law has establishe...

Plaintiffs and Defendants

Who can bring a claim? The plaintiff A person who suffers a harm can claim. This includes spouses of deceased partners in certain circumstances. Where that person has died, dependants and persons listed in the Fatal Accidents Act 1934 (see Motor Vehicle Accidents) may also be able to claim.  Sec...

Intoxication – sections 4A-6

Intoxication at the time of the incident being litigated will result in a discount of 25% for contributory negligence, unless the court is satisfied that the person’s intoxication did not contribute to the cause of death, injury or damage. The court has a discretion to increase or decrease that p...

Accidents on Land

Injuries or accidents on ‘private’ land includes homes, shops, schools, for example. ‘Public’ land in this context is land owned by government or statutory bodies to which the public has general access (for example, public roads and parks). Who Pays? When someone is injured by s...

Damages

If a plaintiff suffered no loss as a result of the defendant's conduct, no liability arises, no matter how careless the defendant has been. Thus a plaintiff who has been exposed to dangerous chemicals as a result of the negligence of another must show actual injury rather than the mere risk of in...

Specific Time Limits

This part gives a survey of some of the more important current time limits. It is not a substitute for obtaining prompt legal advice. Some time limits change quite often as legislation is amended. Time limits for common law actions such as recovery of debts, breaches of contract and torts, are...

Defences to the Tort of Negligence

Contributory Negligence The standard set out in section 23 of the Civil Liability Act and the Wrongs Act 1954 (Tas) to determine contributory negligence is simply whether a person who suffered harm has engaged in contributory negligence. This is determined on the basis of the standard of the rea...

Page last updated 19/03/2018

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