Negligence or Tort Disputes
Common law negligence (a.k.a. tort law) helps litigants vindicate legal rights against those who owed them a duty of care, breached it and then caused loss. A cause of action in negligence is subject to limitation periods that govern the time period within which you must exercise your rights or else they will be lost.
We have advised, acted and appeared in negligence claims for plaintiffs and defendants since 2002 in the Local, District and Supreme Court. If you need help to bring a claim against someone else (or to defend a case) that involves negligence (other than personal injury), trespass or an intentional tort then contact us to find out some of the possible remedies.
Our firm is committed to handling your torts claim (or defence) with competence and trust whilst all the while remaining accessible to you as our client. With more than 10 years’ worth of experience in providing litigants in Sydney with legal advice and services in respect of negligence cases we should be able to answer most of your questions about whether or not you have a cause of action or defence and handle that claim or defence enabling you to recover such tortuous damages (or limit the extent of the damages) in accordance with your rights.
Let Us Help You:-
- understand how the Civil Liability Act 2002 (NSW) applies to negligence claims
- appreciate the difference between a tort vis-a-vis a contract and other remedies such as equitable wrongs
- know the extent of the duty owed by you or to you by reference to matters such as your vulnerability, and the degree of control exercised
- avoid bringing a claim where there is no duty of care e.g. barristers work intimately connected with court work
- assess whether you have a pure economic loss type claim or defence
- determine if there has been a breach of any duty owed to you by reference to whether or not the risk of harm was foreseeable, not insignificant and a reasonable person in that position would have taken precautions as required by section 5B
- work out if the element of causation is satisfied in a factual sense and whether the scope of liability should extend to the harm in accordance with section 5D
- avoid pursuing cases where the harm caused is too remote because the kind of harm was not foreseeable
- effectively argue contributory negligence if the plaintiff failed to take reasonable care for his or her own safety
- the available causes of action for intentional torts such as trespass to goods/chattels, land, conversion, detinue, and deceit
- obtain expert advice from counsel in respect of defamation alternatively pursue a claim for misleading and deceptive conduct (if available)
- pursue damages, injunctive relief and abatement in respect of a private nuisance
- apportion responsibility between concurrent wrongdoers
- look at at whether vicarious liability applies
- claim such damages as you are entitled to. Alternatively, limit the amount of damages sought against you to the maximum extent possible.
* This content does not purport to give legal advice. Readers must obtain their own legal advice, that applies to the particular circumstances of their case, before taking any action at all.