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What is liability? How is it established? How does it affect you?
By: Crew Legal
Reference to liability in personal injury claims is reference to a determination that a wrongdoer is liable for injuries caused to a claimant.
It is important to note that liability may be established on a number of grounds including but not necessarily limited to:
In establishing negligence, it must be established that:
If these elements are established, prima facie liability is established and the claim then moves to a consideration of what damages the injured person may have sustained due to the negligent actions.
Similarly, a claim for injuries arising out of a breach of contract requires a determination as to whether the express or implied terms of a contract that may exist between the injured person and the defendant have been breached such as to give rise to the cause of the injured persons' injuries.
Finally, a right in liability may exist as a result of duties created by government statutes. An example of such are the duties that exist in the Australian Consumer Law that require the manufacturers and suppliers of goods to ensure that such goods are "of merchantable quality" or "fit for their purpose". These duties are commonly associated with claims for injuries arising from defective products purchased by consumers in Australia.
What is important to note is that the very fact that a person has been injured does not necessarily give rise to a claim for damages.
The first step in establishing such a claim is to analyse the circumstances of the event that caused the injury and to determine the likely prospects of establishing liability on one of these bases.
The Personal Injury Lawyers at Crew Legal have extensive experience in protecting injured person's rights in Queensland. Please don't hesitate to contact us for a cost and obligation free initial appointment to discuss your situation.
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