If you’ve suffered an injury or financial loss and believe someone else is at fault, you may be entitled to compensation. Recovery of compensation is largely governed by the Civil Liability Act 2002 (NSW) (“the Act”). This legislation dictates how claims for negligence, personal injury, and economic loss are assessed. Here is what you need to know before making a claim.
What Is the Civil Liability Act?
The Civil Liability Act 2002 (NSW) sets out the legal principles courts must apply when adjudicating claims involving negligence, duty of care, and liability for damages. It covers situations such as:
- Slip and falls in public spaces such as supermarkets or shopping centres.
- Dental and medical negligence.
- Injury caused by semi-professionals such as hairdressers or beauticians.
- Accidents involving the negligence of third parties such as builders or tradesmen.
- Injuries while involved in some recreational activities.
- Boating injuries.
- Injuries in some employment contexts such as labour hire.
- Injuries caused by faulty manufactured products.
- Injuries caused by dog attacks.
- Injuries on some aircraft.
Key Elements of a Claim
To succeed in a negligence claim under the Act, you must prove:
- Duty of Care – The defendant owed you a legal duty to take reasonable care.
- Breach of Duty – The defendant breached that duty by failing to act reasonably.
- Causation – The breach caused your injury or loss (factual and legal causation).
- Damages – You suffered a recognised harm or loss as a result.
Important Provisions in the Act
Here are some critical features of the Civil Liability Act that affect your rights:
- Standard of Care (Section 5B)
The court must consider whether a reasonable person in the same circumstances would have taken precautions against the risk. This involves looking at the likelihood of harm, the seriousness of the harm, and the burden of taking precautions.
- Obvious Risks and Dangerous Recreational Activities (Sections 5H & 5L)
Defendants are generally not liable for injuries from obvious risks or when the harm occurs during dangerous recreational activities, particularly where warnings have been provided.
- Contributory Negligence (Section 5R)
If you contributed to your own injury (e.g., by not wearing a seatbelt), your compensation may be reduced accordingly.
- Mental Harm (Part 3)
Claims for psychological injuries, such as nervous shock, require specific injury thresholds. You must prove a recognisable psychiatric illness and often a close relationship to the victim.
- Caps and Thresholds on Damages
There are limits on how much you can claim for certain types of loss, including:
- Non-economic loss (e.g., pain and suffering).
- Loss of income (capped at three times average weekly earnings).
- Gratuitous care (care provided by family or friends).
Time Limits to Bring a Claim
Under the Limitation Act 1969 (NSW), most negligence claims must be commenced within three years of discovering the injury and its connection to the prospective defendant’s actions. However, different rules apply for minors and people with disabilities. It is important to seek legal advice early.
How a Lawyer Can Help
The legal principles under the Civil Liability Act can be complex, and many claims depend on detailed factual and medical evidence. At Courtlegal, we assist clients in evaluating whether they have a valid claim and guide them through the process of:
- Gathering expert evidence.
- Engaging in settlement negotiations.
- Commencing court proceedings if necessary.
Final Thoughts
If you’ve been injured or suffered financial harm due to someone else’s actions, do not assume you are ineligible for compensation. Understanding your rights is the first step to securing justice.
Contact Courtlegal today for a confidential consultation and find out where you stand.