When accidents happen damage is often suffered. But what happens when your property is damaged, and consequential losses occur because of someone else’s actions or negligence? This is different to a breach of contract as it falls within the area of tort law and warrants separate consideration of the consequences.
There are remedies available to you when someone else’s behavior causes you harm or damages your property. Yet negligence can be a complicated issue under the law. Several factors come into play that determine whether you were wronged by another party and if you are able to sue for damages.
It all starts with what is commonly referred to as duty of care — an obligation owed because of the relationship between parties and their respective vulnerability. The next issue is the standard of behavior that a reasonable person would or not do to avoid causing harm to another person or their property. When people fail to adhere to these standards, they may be responsible for any injury or expense they cause if the loss is of a foreseeable kind. For example, it is reasonable to assume that engineers will design buildings by taking reasonable care and not negligently cause harm to developers and property owners. So if you are involved in a scenario where your building has collapsed because the engineer did not do a proper job you may be entitled to damages.
In this case, there will be many questions including the need for expert opinion. And if the failure to take care resulted in physical damage, you may be able to seek financial compensation. The amount awarded (if any) would be determined by what the court considers appropriate following submissions as to the damages.
Other factors must also be weighed in this determination. The court may look for any evidence of contributory negligence to see if the injured party contributed to the event through recklessness or inattentiveness of their own. There may also be issues about apportioning damages where more than one party is at fault. Often there will be an insurer involved and the lawyers acting for the defendant.
Because of the complexities involved, you may want to consult a dispute resolution lawyer if you or someone close to you sustained property damage due to someone else’s negligence, At Litigant, one of our experienced Sydney-based solicitors can help you determine whether you have a legal claim, whom is responsible and what the costs would be to bring your case to court. To find out more, simply call us at +61 2 8644 0663 to book a consultation.
Other, litigation and defamation dispute insights:
* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.