Negligence

Plain Explanation

Negligence is a legal concept that means failing to take the level of care that a reasonable person would take in the same circumstances, resulting in harm to another person. It is the most common basis for civil (non-criminal) claims for compensation in Australia.

Legal Meaning

In law, negligence is a tort (civil wrong) that arises when a person breaches their duty of care to another, causing reasonably foreseeable harm. To establish negligence, a plaintiff must prove: (1) the defendant owed a duty of care, (2) the defendant breached that duty by falling below the standard of a reasonable person, (3) the breach caused the plaintiff's harm (causation), and (4) the harm suffered was not too remote (remoteness). In Australia, negligence is governed by both common law and statutory provisions, particularly the Civil Liability Acts of each state and territory.

Case References

• • Donoghue v Stevenson [1932] AC 562 — established the duty of care and neighbour principle
• • Wyong Shire Council v Shirt (1980) 146 CLR 40 — standard of care and reasonable foreseeability
• • March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 — causation in negligence

Examples

• • A driver who runs a red light and collides with another vehicle has breached their duty of care to other road users — this is negligence
• • A doctor who fails to diagnose an obvious condition, resulting in harm to the patient, may be liable in professional negligence
• • A shop owner who fails to clean up a spill, causing a customer to slip and be injured, may be negligent

Common Confusion Points

• • Negligence is not the same as carelessness in everyday language — it has specific legal elements that must be proven
• • Negligence is a civil wrong, not a criminal offence (although criminal negligence exists as a separate concept)
• • A finding of negligence does not require intent — it is about falling below the standard of care