Defending a Negligence Claim in Court

by | Court Disputes

Whether you are in some relationship that attracts a legal duty of care, the question of negligence may arise when something goes wrong. Because of legislative changes on negligence claims, it is now more likely that a Plaintiff making a claim for damages will cast the net widely in an attempt to rope in anyone that may be implicated for the loss, even to a small degree.

Obviously in such a case it is necessary to examine the various aspects to such a claim, such as:

  • whether the claim is within time;
  • the nature of the relationship and the extent and standard of the duty of care arising at law;
  • whether other parties or the victim also bears some responsibility; and
  • whether the alleged negligence was a material cause of the claimed loss.

Practical questions, including the availability of insurance cover, need to be identified, preferably well before any Court proceedings are instituted.

If you have been put on notice of a claim against you involving negligence or served with Court proceedings, we strongly recommend that you take confidential and practical legal advice.

For further information please contact Peter on 8362 6400 or email Peter JakobsenJoin our mailing list to receive updates and advice on current issues.

  • Peter Jakobsen

    About the author: Peter Jakobsen

    Peter has a wealth of experience in many areas of the law but practises primarily in the areas of civil and commercial litigation including employment matters, negligence, defamation, leasing and contractual disputes and debt collection.

    Peter is a skilled and clever advocate that brings all of his intelligence and significant Court room experience to each and every matter to achieve excellent results for his clients.

    Call on 8362 6400 or email Peter.

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