About the Queensland Civil Liability Act 2003
The Civil Liability Act, a comprehensive piece of legislation, governs and regulates civil liability in Queensland. These essential laws provide the guidelines for civil claims, also known as personal injury claims. Liability laws enable you to pursue legal damages when another person’s or party’s negligent acts result in a physical or psychological injury.
If this is your situation, it’s best to have some knowledge of how the Act functions, regardless of whether you are seeking compensation (the plaintiff) or are the defendant.
But what does it take to be held liable under the Civil Liability Act QLD, when you have suffered an injury resulting from negligence? What is considered when claiming damages? Read on to discover how the QCLA shapes liability and affects your rights as an injured party.
What is Personal Injury Liability?
Personal injury liability basically means responsibility. When a person or entity causes you harm in an accident where you were wholly or partly not to blame, civil liability legislation gives you the right to seek legal damages, otherwise known as compensation.
What is Vicarious Liability?
Vicarious liability gives you the right to take legal action against an entity or company that has control over the person (or people) who hurt you. For example, you could sue your employer for a personal injury caused by their negligence rather than a co-worker.
What is Meant by “Harm”?
Under civil liability legislation, “harm” is defined as damage of any kind, including:
• Mental harm
• Wrongful death
• Property damage
• Financial loss
• Permanent impairment
An Overview of the Queensland Civil Liability Act
The Queensland Civil Liability Act (QCLA) provides guidelines for determining fault and compensatory damages in property damage or personal injury cases. This critical piece of legislation was created to reform the laws regarding civil liability for negligent acts and it defines:
- The type of compensation an injured party can recover from the responsible party.
- The procedures to file a notice of damages
- How damages are calculated.
The QCLA imposes strict time limits on claimants, requiring prompt action to meet its requirements.
These laws also consider several factors in relation to liability, including causation, breach of duty of care, obvious risk, statutory duty, scope of liability, and inherent risk.
What is the Purpose of the QLD Civil Liability Act?
The Queensland Civil Liability Act (QCLA) aims to protect the legal right to fair compensation for people injured by another’s negligent behaviour. This important civil legislation:
- Protects injured parties from suffering further financial losses by holding the at-fault party accountable for any psychological or physical harm.
- It acts as a deterrent, encouraging people to take reasonable precautions when participating in activities that could harm others or their property.
Whether you are harmed on the road, in a public place, or engaging in a recreational activity, the QCLA sets out the common law principles of handling personal injury claims and admissions of liability, as well as awards for damages under the law of negligence.
In short, this legislation ensures that victims who have been wrongfully injured or suffered property damage due to someone else’s irresponsible actions can receive adequate and appropriate compensation.
Types of Personal Injury Claims Covered by the QCLA
Most types of personal injury claims, except those covered by workers’ compensation legislation, are within the scope of the Queensland Civil Liability Act, including:
- Motor vehicle accident claims
- Cycling injury claims
- Pedestrian injury claims
- Public liability claims
- Slip and fall claims
- Faulty product claims
- Tenant injury claims
- Whiplash injury claims
- Mental Illness claims
- Catastrophic injury claims
- Professional negligence claims
- Medical Negligence
- Abuse claims
NOTE: In some cases, the National Injury Insurance Scheme Queensland (NIISQ) provides treatment and support for certain serious injuries regardless of who was at fault.
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Exclusion from Claiming Damages
Not all personal injuries are covered by the Civil Liability ACT QLD. This legislation is subject to exclusions, including the following:
- Workplace injuries covered by workers’ compensation legislation
- Injury claims for a dust-related condition.
- Damage arising from using tobacco products, smoking or other use or exposure to tobacco smoke and products.
- Injuries related to criminal conduct
- Injuries caused by an inherent or obvious risk
How is the Queensland Civil Liability Act Structured?
There are two primary sections to the Queensland Civil Liability Act.
Section 1. Legislation relating to Civil Liability for Injuries
- Breach of Duty
- Proportionate Liability
- Liability of the public, other authorities, and volunteers
- Exclusion from claiming damages because of a particular behaviour.
Section 2. Assessment of Personal Injury Damages
More about public liability duty of care
More about workplace duty of care
What is Covered by the Act? Types of Damages Awarded for Personal Injury Claims
The Queensland Civil Liability Act (QCLA) is an extensive piece of legislation that sets out the general principles of liability and damages for personal injury claims. Under the QCLA, an injured person has the legal right to seek damages from those responsible for their injuries if they can prove that someone else’s negligence caused their injury. The act also sets out specific rules around duty of care, breach of duty and causation between the breach and the harm suffered.
In addition to these basic principles, the QCLA outlines what types of damages may be awarded to injured parties as compensation for their losses. As a result, a successful personal injury claim can include compensation for both non-economic and economic loss, including:
- Medical expenses
- Loss of earnings
- Pain and suffering
- Out-of-pocket expenses
Each case has unique circumstances that determine the type and amount of damages awarded in any given case. The QCLA also caps awards for substantial future losses to promote consistency in damage awards.
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What are the Main Elements of the Civil Liability Act?
The QLD Civil Liability Act contains several crucial provisions for determining liability and compensation in civil liability claims. Here are some of the main elements of the Act:
Duty of Care
The Act defines the duty of care a person or organisation owes to others. It outlines the parameters for assessing whether such a duty exists and the scope of that duty.
Contributory Negligence
The Act also legislates for contributory negligence, which applies when the plaintiff has contributed to their injury or loss. If you were partly to blame for your accident, the Act covers how courts should consider contributory negligence when assessing liability and compensation.
Limitations on Damages
The Act also limits the amount of damages that can be awarded in a civil liability claim, including injury claims. It sets out specific thresholds for different types of injuries and the maximum amount to be awarded.
Civil Liability of Public Authorities
The Civil Liability Act also addresses the liability of public authorities, such as government departments and local councils. It outlines the circumstances in which they can be held liable for negligence and the conditions for suing them.
What You Must Prove for a Successful Civil Liability Claim
QLD law relating to civil damages is separated into four elements, which you must prove to make a successful claim.
- Prove that the other party owed you a legal duty of care and that they breached this duty by failing to exercise reasonable care.
- Show that the duty violation caused your harm or loss.
- Causation: establish that you suffered an injury or loss because of the duty breach.
- Show your damages and prove their value.
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What is the Concept of Duty of Care and Negligence?
The concept of duty of care and negligence are two essential principles of civil liability legislation.
A duty of care is a legal obligation to take reasonable precautions to avoid harm or injury to others. In Queensland, the Civil Liability Act outlines the various duties of care we owe to one another in our daily lives.
Additionally, negligence is defined as a breach of this duty resulting in someone being harmed or injured. To prove negligence, the claimant must show that a person or party was careless or reckless in their actions (or inaction) and that this directly caused a foreseeable risk of harm.
For example, if someone fails to properly maintain their property and this leads to an injury such as a slip and fall accident, then they may be found negligent under the law for failing in their duty of care. Similarly, if a Queensland road user drives recklessly and causes a car crash that injures someone, they can be liable to pay compensation..
Failure to Exercise Reasonable Care Causes a Breach of Duty
Queensland civil liability law requires that everyone (in most situations) take reasonable steps to ensure the safety of others. Meaning the actions a reasonable person would have taken under the same circumstances. Consequently, when someone fails to exercise reasonable care and an injury or harm results, they may be found liable for breaching their owed duty.
- For example, if a business owner fails to clear away dangerous debris from their premises, leading to someone slipping and falling, they may be found negligent in a civil lawsuit.
- A similar situation occurs when drivers ignore road rules, drive recklessly and cause a cycling accident. In this case, they may also be liable for any personal injuries caused by their negligence.
What is Contributory Negligence?
Contributory negligence is a legal defence that can be used to reduce liability and, hence, the value of an injury compensation payout. When a claimant partially contributes to their accident or injury, they are partially negligent, which means the defendant is not 100% liable.
An example of contributory negligence is when a pedestrian crosses the road, ignoring the traffic signals, and is hit by a drunk driver. Even though the motorist would be prosecuted for driving under the influence, the pedestrian has some liability because they did not follow the road rules.
You can still be eligible to claim compensation when you contributed to your condition. Personal injury lawyers know how to negotiate the level of liability.
What is the Statutory Duty for Specific Activities or Occupations
Statutory duty refers to the legal obligation imposed on certain professions or activities that require specific standards of care. To fulfil their statutory obligation, someone must abide by the laws for their task. Here are two examples:
- Medical practitioners are frequently held to a high standard of care because their occupation is governed by numerous statutes that specify what constitutes acceptable practice.
- Construction workers are legally obligated to protect themselves and those around them, even when working under a contract.
Statutory duty is a vital component of our legal system because it holds individuals working in specific occupations accountable for their actions. They can be held liable for damages to those they harm when they don’t meet the expected standards.
Why Understand the QLD Civil Liability Act?
A solid understanding of the Civil Liability Act helps when you make a civil claim. Knowing how legal proceedings work and what they mean enables you to determine your legal rights and make informed decisions. Without a solid understanding of the Act and it’s protections, you risk making mistakes, costing you time, money, and even your case.
More than one piece of legislation can apply to a compensation claim, and a compensation lawyer has detailed knowledge of all of them, including the applicable lodgement date. If you have suffered a loss due to a negligent party, you have the right to seek legal advice regarding financial compensation.
At Splatt Lawyers, we offer a free case review. Call 1800 700 125