In society, we all owe each other a duty of care. A duty of care is defined as a moral or legal obligation to ensure the safety or well-being of others.
When considering personal injury compensation claims in Queensland the main relationships that involve a duty of care are: –
- The employer to an employee.
- Drivers of motor vehicles to other road users.
- Doctors and hospitals to patients.
- Occupiers to people attending their premises.
In a personal injury compensation claim in Queensland, a duty of care is usually assumed but this does not mean that you can will your claim simply because the duty of care exists and you are injured. The real arguments arise regarding whether the duty of care has been breached.
In most claims, the breach of a duty of care is obvious, such as being run over by a car on a zebra crossing. However, in a small amount of claims it may be that there has been no breach of the duty of care. For example, if you walking on the footpath and fall for no reason then there is no breach and no claim can be made.
If your claim has some difficulties as to whether the duty of care has been breached your lawyer will take your version as to what occurred, investigate the incident. Gather documents and advise you fully on your claim.
Personal Injury Compensation Lawyer
Your Claim Lawyers are Queensland’s specialist personal injury compensation lawyers and will be able to advise you and act for you in your claim.
For a free consultation please call Your Claim Lawyers at any time on 1800 968 725 or 0400 839 314.