General damages compensate for recognised non-economic consequences of an injury, including pain and suffering and loss of amenities of life. Their assessment depends on the applicable law.
Duty of Care
Foreseeability
Foreseeability concerns whether a risk of harm could reasonably have been anticipated. It is an important part of assessing breach of duty in negligence matters.
Common Law Claim
In Queensland workers’ compensation matters, a common law claim is a claim for damages based on an employer’s legal responsibility for a workplace injury.
Reasonable Care
Reasonable care is the level of care expected in the circumstances. The concept helps determine whether conduct fell below the standard required by law.
USM Events Pty Ltd v James: Reasonable Precautions and Sporting Event Liability
A last-minute change to a Gold Coast triathlon put runners and racing wheelchairs on the same course. Was separating them through a narrow S-bend a reasonable precaution?
CCIG Investments v Schokman: When Is an Employer Vicariously Liable for an Employee’s Conduct?
When does an employee’s wrongful act fall within the course or scope of their employment? The High Court considered the connection required before vicarious liability will arise.
Liability
Understand the meaning of liability in Queensland compensation law, when a person may be legally responsible for harm, and how liability is assessed in negligence matters.
Duty of Care
Learn what a duty of care means, who may owe one, and how the concept relates to negligence in Queensland compensation matters.
Negligence
Understand the meaning of negligence, the elements commonly considered, and how the concept may arise in Queensland compensation matters.