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Guide to the Queensland Civil Liability Act

The QLD Civil Liability Act provides legal guidelines for determining responsibility for personal injuries. This legislation ensures that people impacted by injuries receive adequate compensation for their losses. But what does it take to be held liable under this act?
Scales of justice for the Queensland Civil Liability Act

About the Queensland Civil Liability Act 2002

The Civil Liability Act, a comprehensive legislation, governs and regulates civil liability in Queensland. These essential laws provide the guidelines for civil liability claims, also known as personal injury claims. Liability laws give you the right to pursue legal damages when another person’s or party’s negligence results in a physical or psychological injury. If this is your situation, we recommend that you have some knowledge of how the Act functions, regardless of whether you are seeking compensation (the plaintiff) or the defendant.

But what does it take to be held liable under this Act when you have suffered harm due to negligence? What is considered when assessing damages? Read on to discover how the QCLA shapes liability and affects your rights as an injured party.

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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.

Learn more about claiming for personal injuries >

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) specifies the guidelines for determining fault and compensatory damages in property damage or personal injury cases. This critical piece of legislation defines:

  • the type of compensation an injured party can recover from the responsible party
  • how damages are calculated.

Furthermore, the QCLA considers many factors when determining whether someone is legally liable, such as causation, the duty of care breach, 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:

  1. Protects injured parties from suffering further financial losses by holding the at-fault party accountable for any psychological or physical harm.
  2. 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.

Next up, in our guide to the Queensland Civil Liability Act, we outline the main elements of these civil laws.

What Kinds of Personal Injury Claims are 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:

What are the common types of compensation claims? >

Which personal injuries are eligible for compensation? >

What is my claim worth?

What Types of Injuries are Not Covered by the Act?

Not all personal injuries are covered by the QCLA, with the following exclusions being:

  1. Workplace injuries payable under the WorkCover Queensland Act 1996
  2. Injury compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003.
  3. Injury claims for a dust-related condition.
  4. Damage arising from using tobacco products, smoking or exposure to tobacco smoke.

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

  1. Breach of Duty
  2. Proportionate Liability
  3. Liability of the public, other authorities, and volunteers
  4. 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 >

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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. This means that when you have a successful personal injury claim, you will be compensated for medical expenses, loss of earnings, and pain and suffering.

Please understand that each case has unique circumstances that determine the type and amount of damages awarded in any given case. Nevertheless, understanding the scope of liability under the QCLA can help provide clarity when seeking compensation for personal injuries caused by an owed duty failure.

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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 Do You Need for a Successful Civil Liability Claim?

You must prove four elements to make a successful civil liability claim in Queensland.

  1. Prove that the other party owed you a legal duty of care and that they breached this duty by failing to exercise reasonable care.
  2. Show that the duty violation caused your harm or loss.
  3. Establish that you suffered an injury or loss because of the duty breach.
  4. Show your damages and prove their value.

Can I sue for negligence? >

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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.

In Queensland, we all owe a duty of care to take reasonable steps to prevent harm in most situations. So, it is essential to know when a duty of care exists and how you can be held accountable for negligence.

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.

Please know you can still claim compensation when you contributed to your injury. Our personal injury lawyers will explain how to negotiate your level of liability to deliver a more decisive outcome.

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. Hence, to fulfil their statutory obligation, someone must abide by the laws for their task.

Medical practitioners, for instance, are frequently held to a high standard of care because their occupation is governed by numerous statutes that specify what constitutes acceptable practice. They risk being responsible for any harm or damage that results from infringing these rules. Similarly, construction workers are legally obligated to protect themselves and those around them.

Furthermore, statutory duty is a vital component of our legal system because it means that people working in specific occupations are held liable for their actions. They can be made to pay damages to those they hurt when they don’t meet the expected standards.

Why Understand the QLD Civil Liability Act?

A solid understanding of the Civil Liability Act helps with a civil liability claim. Knowing how it works and what it means enables you to determine your legal rights and make informed decisions when pursuing or defending a claim. Without a solid understanding of the act, you risk making mistakes, costing you time, money, and even your case.

Of course, more than one piece of legislation can apply to a compensation claim, and a compensation lawyer has detailed knowledge of all of them. 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, understanding your rights is free. Call Now: 1800 700 125

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