Basically, the Civil Liability Act QLD is applicable to any civil claim for damages for harm. Take note that the term “claim” is regarded as a claim for damages based on a liability for damage to property, economic loss, or personal injury. Meanwhile, the term “harm” is defined by the Act to include all the possible forms of loss, which also includes damage to property, economic loss, or personal injury.
It is important to take note that the application of the Civil Liability Act QLD is subject to specific exclusions. The Act doesn’t apply in relation to any civil claim for damages for personal injury if the harm involves:
- An injury defined under the WorkCover Queensland Act 1996, except as expressly stated.
- An injury that is a “dust-related condition”
- An injury resulting from smoking or other use of or exposure to tobacco products and smoke
The Civil Liability Act QLD is an Act to “reform the law of civil liability for negligent acts, and for other purposes”. It became a law in Queensland on 9 April 2003, and often used for legal pursuit mostly to facilitate liability and compensation.
Even if you have a lawyer who can guide you in referring to this Act for your legal claims, it is still crucial for you to understand this law as it contains important changes to the law of negligence and also specific provisions concerned with damages for personal injury.
The Civil Liability Act QLD mainly deals with two overall matters:
- Law relating to civil liability for harm – Divided into four parts:
- Breach of Duty
- Proportionate Liability
- Liability of Public and Other Authorities
- Exclusion from Claiming Damages because of Certain Behaviour.
- Assessment of damages for personal injury
You can read the full Civil Liability Act QLD 2003 or you can call Taylors Solicitors on (07) 3229 1266 to consult lawyers who are specializing in civil liability, personal injury, and compensation law with no win no fee claims basis.