negligence

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Negligence (Lat. negligentia) is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property.Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages.

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  1. H

    NSW Can I sue my former landlord (FACS) for emotional distress caused by their negligence regarding their anti-social tenant who is known to by police?

    I suffer from mental health (anxiety neurosis and obsessive compulsive disorder) since the age of 15. I lived in Housing commission apartment with my mother. When a former tenant died, her apartment was given to a male in his early 20s. We enjoyed peace and quiet until his arrival. As tenants we...
  2. C

    NSW Medical negligence

    I had drains removed and cosmetic surgeon pulled so hard he detached a drain and didn’t notice. Two months later, after being told my pain was stitches dissolving, I notice a cord like structure under my skin in my abdomen. Radiology confirmed a piece of drain. Dr removed this in his clinic with...
  3. S

    VIC Medical negligence ? Infection caught from patient in same room

    50 something year old patient with very treatable leukaemia. Patient placed in same ward as another patient with a fungal infection - other patient was very open about sharing details of their infection. Cancer patient with no immunity due to their treatment. Cancer patient now has fungal...
  4. J

    NSW Managing Agent Negligence

  5. B

    NSW Compensation for Vet Bills

    Hi all, Not sure what section to post but I'm wondering where I stand. I adopted my beloved dog 10 years ago. He was 3-4 months and desexed. I have documents certifying this. Over the course of the last 10 months it was discovered he had Cryptorchidism, which is one or two undescended...
  6. kingofmeereen

    QLD Are there insurances in place for workers who are inflicted psychiatric injury other than workers compensation?

    For example, paramedics or police who are inflicted psychiatric injury from witnessing traumatic scenes can possibly get compensation through workers compensation but is it possible to get it from somewhere else? Like suing people? For example a negligent driver causing so much devastation and...
  7. kingofmeereen

    QLD Does an employer owe a duty of care that their employee is mentally healthy?

    Like for example, a paramedic or a police are expected to witness very brutal scenes. Do their employers owe them a duty of care in ensuring they are still mentally healthy and if not and they do suffer some form of psychiatric injury, will they be entitled to sue their employer for compensation?
  8. kingofmeereen

    QLD Does an employer owe a duty of care that their employee is mentally healthy?

    Like for example, a paramedic or a police are expected to witness very brutal scenes. Do their employers owe them a duty of care in ensuring they are still mentally healthy and if not and they do suffer some form of psychiatric injury, will they be entitled to sue their employer for compensation?
  9. T

    NSW Solicitor Negligence - What are My Rights?

    Hi, I have purchased a business and settled in September 2019 for $200,000 AUD in NSW. A week after settlement, I found out that the outgoing amount was too high and as it is my first business purchase, I did not know what legal documents I was supposed to receive and sign prior to settlement...
  10. E

    QLD Out of time - do I submit a statement of claim after misconduct tribunal?

    Hi Everyone, I've got a unique situation. I believe I am entitled to compensation due to somebody breaching their duty of care to me but the 3 year limitation period comes up next week and I'm yet to lodge a statement of claim with the court. I'm comfortable I satisfy all the elements to pursue...