Some Common Questions Regarding Negligence Claims

Disclaimer: This content has been prepared by third party lawyers, not by ARAG nor by the Insurer. It is intended to provide a general guide to the subject matter and is not intended to constitute legal advice, and you should not rely on this information as a substitute for obtaining your own legal advice. If any of the below issues apply to you, then you should obtain legal advice about your specific circumstances. ARAG and the Insurer disclaim any liability for damages howsoever arising out of or in connection with the use and/or reference to any of this content.

Published on 01.07.2020.

While I was grocery shopping, I slipped and fell on some food that had been left on the ground near a shop. I hurt my shoulder and it causes me a lot of pain. Who is responsible?

Personal injury claims are often entirely dependent on the circumstances and the contractual duties of the parties involved. For example, the cleaners contracted to clean during certain times of the day may be partly responsible for failing to keep the shopping centre floors clean.

My son walked through the glass door at the house that we rent and injured himself. Are the owners liable?

There is no universal application of the law to these circumstances. It is likely that the owners of the property owed your son a duty of care, however the glass door at the house may be considered to be an obvious risk and your son deemed to be contributory to any negligence. Each decision is made on the circumstances of each case.

I rent an apartment and I slipped on the ground in the common area near the building entry. I injured myself badly. Can I receive some sort of compensation?

The owners corporation owe you a duty of care to ensure the common property of the strata building is safe. If it has breached that duty (i.e. by not cleaning a puddle of liquid or applying slip resistant material) and you have injured yourself, they may be liable in negligence. Alternatively, if it can be proven that you slipped on your own accord (i.e. shoelace), they may not be liable.

My neighbour failed to get rid of their overhanging tree branch. It has caused damage to my property. Do they have to pay for this damage?

You may be able to seek compensation if your neighbour is found to be negligent. If your neighbour failed to remove the branch and it was reasonably foreseeable that risk could occur, they may have acted negligently if damage resulted and an ordinary person would have acted to prevent that damage.

The insurer of ARAG Legal Expense Insurance products is HDI Global Specialty SE – Australia (ABN 58 129 395 544, AFS License number 458776) (Insurer). ARAG Services Australia Pty Ltd (ABN 14 627 823 198, AFS Licence number 513547) (ARAG) has been granted delegated authority by the Insurer to enter into, vary or cancel policies and handle claims for ARAG Legal Expense Insurance products on the Insurer’s behalf.
All enquiries should be addressed to ARAG.

Any advice contained on this website is general advice only and has been prepared without considering your individual objectives, financial situation or needs. Before purchasing or renewing a product we recommend that you consider if it is suitable for your circumstances and read the policy terms and conditions.

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