A Short History of Negligence Lawsuits
The history of negligence lawsuits has essentially been an attempt to determine what is considered to be a reasonable duty of care given a certain set of circumstances. As the way we live has changed, this has obviously come under a great variety of interpretations, but duty of care has always been at the centre. The following is a short history of negligence lawsuits.
Donoghue v. Stevenson
This groundbreaking case involved a Ms. Donoghue, who found a snail in her bottle of ginger beer and filed a lawsuit against the maker of the product. Donoghue won on the basis that it was agreed that the manufacturer had a duty of care to the consumer in ensuring they suffered no physical or psychological injury from using or ingesting its product. This decision was extremely significant, as a similar lawsuit 20 years prior involving a Mr. Bates had ruled that injuries suffered by Mr. Bates when his bottle of ginger beer exploded in his face were not the fault of the manufacturer. Ms. Donoghue’s case helped solidify the idea of psychological damages in regards to duty of care.
How to Dispute Insurance Claims
If you’ve been part of a collision or motor vehicle accident of some kind, you’ll need to make a claim to the insurance company to cover damages, as this is why you have insurance in the first place. However, if the insurance company disagrees with you regarding the compensation that you’re entitled to, then you’re going to have to fight them. The following are some of the things you can do in order to effectively dispute an insurance claim and perhaps even earn yourself a fairer settlement.
Hire an independent appraiser
Even though you’ve been a loyal customer for years, it’s in the interest of the insurance company to give you a less than fair settlement. It’s well worth the money to hire your own independent appraiser, as this way you can dispute the insurance company’s claims if they come back to you with an unfair offer.
How Car Safety Has Improved
Car safety has improved out of sight since the early days of automobiles, so even though car accidents claim a huge amount of lives each year, we’re far safer these days than ever before. A lot of this has to do with the enormous boost in financial backing for the auto industry, and its ability to make use of science and technology to create regular cars that are quite high tech. The following are some of the ways that car safety has improved over the years.
Seat belts
In 1948 Tucker cars became the first car company to include seat belts, prior to which even minor motor vehicle accidents could cause serious injury. In the 1950s, Ford began introducing seat belts in its vehicles as an option, then in 1964 Pontiac became the first automaker to have seat belts installed in every vehicle as a standard measure. In 1968, the United States was the first country in the world to make it a legal requirement that all new cars have seat belts.
What Exactly is a Negligence Claim?
To describe a negligence claim, we first need to define the term ‘negligence’.
According to Mirriam Webster, negligence is ‘failure to exercise the care that a reasonably prudent person would exercise in like circumstances’.
In other words, a person who has acted negligently is someone who has failed to behave as a reasonable person would be expected to behave in a similar situation.
The implication is that we have a ‘duty of care’ towards others; an obligation to take reasonable care not to cause harm to them or their property, where that harm is foreseeable.
Assessing Whether You Should Apply for Workers Compensation
Most people suffer some kind of work-related injury or illness in the course of their careers, whether it’s simply catching the flu from fellow workers or something more serious like a fall or machinery-related accident.
Deciding whether you should apply for workers compensation because of an injury sustained at work or travelling to or from work, comes down to whether you have suffered (or will suffer) physically or financially because of it.
If as a result of your injury or illness, you incur:
- medical and rehabilitation expenses
- medically-related expenses, such as travelling for treatment
- lost income due to time off work
3 Quick Facts about Compensation for Pedestrian Accidents
Motor accidents happen from time to time. Some of these accidents may result in injury to the parties. While the focus is often on drivers and passengers in vehicles, pedestrians may also be involved in motor accidents. In Australia, pedestrians are usually able to obtain compensation for injuries sustained in motor vehicle accidents. These three quick facts are designed to provide a broad overview of the process and the compensation regime in place in NSW.
1. Pedestrians Can Claim Compensation
In NSW, pedestrians are covered under the Motor Accidents Compensation Act 1999 (NSW). This means that pedestrians are eligible to receive an equal level of compensation as the other parties in the accident. It’s imperative to seek the advice of compensation lawyers in Sydney (or your local area) as quickly as possible if you’ve sustained any form of injury as a pedestrian in a motor accident to find out about your options.
Sometimes pedestrians who have been involved in road accidents may not be immediately aware of injury to their person, even serious injury that requires extensive physiotherapy further down the track. For this reason, it’s a good idea to have a thorough medical check conducted immediately after the incident.
How to Claim Product Liability Compensation
Not all injuries occur on work sites, on the road, or as the immediate result of an accident. One common exception is injuries arising from product defects. We look at the regime for product liability compensation in NSW and what to do if you’ve suffered an injury due to a faulty product, although intending claimants should always consult compensation lawyers in Sydney or in their local area for specific advice appropriate for your circumstances.
Defective Products
For defective product cases, the injury may have resulted from a manufacturing defect, a design defect, or even a failure to warn. Contaminated food products, defective exercise equipment, or a major design fault that causes an injury may be grounds for compensation.
Examples of defective products include:
- A faulty motor vehicle that fails safety standards and causes injury.
- A product that’s innocuous only by appearance but carries a failure to warn. For example, a plastic toy unsuitable for younger children.
- Defective electrical goods that are not properly wired.
- Common household products or goods that contain dangerous chemicals.
Compensation for Public Transport Injuries
Public transport accidents can happen whether you’re a passenger on a bus or train. Under the Transport Administration Act 1988 (NSW), individuals who experience an injury as a passenger on public transport can access compensation under the Motor Accidents Compensation Act 1999 (NSW). If you’ve experienced an injury as a passenger on public transport, you should consult a lawyer for specific advice as compensation lawyers in Sydney or your city can assist with maximise your claim amount.
Who Can Claim
The Motor Accidents Compensation Act 1999 (NSW) covers people injured in accidents, whether they’re operating or using a motor vehicle. The definition is broad and not only includes those who are involved in car accidents, but also those who sustain injuries as a result of accidents involving trucks, bicycles, motorcycles, and/or buses. Consequently, passengers and pedestrians, too, are able to claim.
What You Can Claim
Claiming Compensation for Slips or Falls
Whether at work, in a private residence, or on public property, those who have been injured due to a slip or fall can obtain compensation. In this article, we examine the major options for individuals who have been injured under any of these circumstances. It’s advisable to seek counsel quickly from compensation lawyers in Sydney or your local area for specific and accurate advice about your particular options for compensation.
Slips or Falls at Work
Under the OHS Act, employers have a duty to take reasonably practicable steps to ensure health and safety at work. They also have a further duty to ensure third parties on or near the workplace are protected from risks to health and safety.
If an employee suffers injury from a slip or fall at work, they may have two different avenues for receiving compensation. The first is under the NSW workers compensation scheme, which is a no ‘fault’ scheme. The second is under the common law as a negligence claim, which will require the demonstration of fault or negligence. The second option may provide entitlement amounts that are significantly higher than those available under the workers compensation scheme.
Quick Guide to Claiming for Pain and Suffering
Those who have been injured at work, due to someone else’s negligence, or in a motor vehicle accident are able to claim for pain and suffering. Many claimants are unaware that pain and suffering is usually a separate category of compensation to other compensation categories, for example, medical costs or wages forgone. If you have been injured and are seeking to claim for loss, it’s advisable to consult compensation lawyers in Sydney or in your local city as soon as possible for specific advice about your claim.
Claiming for Pain and Suffering under the Workers Compensation Scheme
Under s 67 of the Workers Compensation Act 1987 (NSW), those who have been injured at work can claim for compensation for pain and suffering. Note that this pain and suffering is defined as that which arises from permanent impairment and not directly from the injury itself. Further, injured workers may be eligible for a lump sum payment for pain and suffering in addition to a lump sum for the permanent impairment itself.