Laws enforce the businesses to provide services without falling below the acceptable standards. These standards are mostly originated from the behaviour of reasonable peers and individuals. Which means, the business environment should be safe for all visitors and customers and preventive measures should be taken just as a reasonable person would do so. Under the laws, this is determined as a duty and should be obeyed in all cases.
If breached, businesses might face compensation claims and will be liable for the victim’s injuries and loss. Under the Civil Liability Laws, all kind of businesses and public properties should behave in a sense of responsibility to prevent harm, efface risk factors and keep their visitors safe.
Difference between negligence and obvious risk
In law, the obvious risk is being used to define the actions that involve risk which sometimes can be minimised but cannot be eliminated entirely. Obvious risk should be visible for the person performing the activity the consequences of the risk should be evaluated before intending to act. As an example, a cyclist with an average mental capacity to evaluate environmental risks is likely to be conscious that cycling can cause accidents if you are dangerously speeding.
The harm taken after reaching an unreasonable speed level is the negligence of the cyclist. However, if the activity is not a recreational/sports activity, the risk might not be obvious to the person performing the action. As an example, in a coffeehouse, the barista is likely to feel the heat whilst preparing the coffee. However, the same awareness isn’t expected from the customer as it is mostly impossible to feel the heat before touching the cup or taking a sip. In this situation, the business can simply warn the customer that the coffee is hot, or by correctly labelling the products.
Once preparing the order is done, placing a visible caution label is can help the business to avoid liability in case of an accident. Because, a reasonable person would see the label, understand the product is hot and may cause damages if not used correctly or consciously.
How to recover loss due to negligence?
In Australia, if a business breaches its duty to provide safety and cause harm, the victim can claim public liability compensation to recover his/her loss. Mostly, victims on similar occasions can compensate for their medical expenses and lost income. However, if the situation is serious and the victim’s medical condition decreased the ability to perform daily tasks such as washing the dishes or doing the laundry or decreased the capacity to earn, therefore, the victim can face financial difficulties, lump-sum payment may be awarded. Claiming public liability compensation is critically important as the victim can secure his/her future and prevent financial difficulties due to the decreased earning capacity.
Depending on the situation, compensation for medical expenses may include surgery, dental, medical equipment and domestic care services. However, each victim’s situation is evaluated independently as many variables can play a role in the claim.
Civil Liability Act was brought into force to provide a safe environment to all civilians and to enforce contribution to public safety. As civilians in Australia, we must do our best to prevent dangerous situations as others can suffer unexpectedly due to our behaviours and actions. These duties aren’t much of a hassle. In fact, small tasks can provide a better and safer environment for all. If you are suffering injuries due to a similar accident and if you believe it was the reason for someone else’s negligence, you can make a claim and may be able to compensate for your loss. In Australia, to prevent further expenses, experienced and confident lawyers offer their services on no win no fee basis. This means, if the claim is unsuccessful, nothing will be charged to the claimant.