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Follow on Google News | What is Liability? Personal Injury Lawyer ExplainsBy: Crew Legal When providing advice to a client in respect of a potential personal injury claim, the first exercise I undertake is to consider the likely prospects of establishing that the injured person will succeed in their claim by proving that their injury has occurred as a result of negligent actions on behalf of a third party. Reference to liability in personal injury claims is reference to a determination that a wrongdoer is liable for injuries caused to a claimant. Grounds For Liability It is important to note that liability may be established on a number of grounds including but not necessarily limited to: Negligence; Breach of contract; or Breach of statutory duty. In establishing negligence, it must be established that: The injured person was owed a duty of care; That duty of care has been breached; As a result of the breach of duty, the injured person sustained their injury. 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. To learn more about liability, visit https://crewlegal.com.au/ End
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