Citizens in Australia Are Being Protected by Strict Laws
All over the world, the communities should be kept away from harm and any other occasions where people might lose their earnings, their jobs or their properties. In Australia, the system works similarly. However, almost everyone in public places should acknowledge the legal sanctions after committing negligent actions. Everyone in the community is attached to each other. This means, your reckless action can be the starting point of a butterfly effect. If you drive irresponsibly, even if you are lucky enough to avoid a crash, others might not be as lucky. The other drivers can lose control, hit other drivers and in the end, accidents can happen on enormous scales. On a similar occasion, the negligent driver can never avoid liability. This is called the duty of care, which means, you are responsible for others’ healthiness. The duty of care applies in the traffic, in the workplace, in a medical centre and on some occasions, even in our private properties.
Here Is What Happens Once the Duty of Care Is Breached
Under the laws, the duty of care is indicated as being an obligation for those in public. Demonstrating your commitment to the duty of care can keep you away from legal punishments. Although these duties are very simple to fulfil, from time to time, they are breached. Even in situations where the person who owes the duty is very responsible and committed, the duty can be breached unintentionally. A good example is negligence in hospitals. Doctors, nurses, surgeons and practitioners have been committing their lives to help people in need. There is no occasion in which the medical professional intentionally harms the patient. However, medical negligence is a fact and the numbers are unignorable. Due to the nature of humans, people can do mistakes. These are called accidents and accidents can occur anywhere and anytime. The majority of the post-treatment complications are simple illnesses and pain. However, an undeniable proportion of serious incidents still occur. In a similar situation, the medical practitioner harms the patient unintentionally. However, the intention of the professional isn’t taken into consideration if the patient decides to make a compensation claim. This is a sensible reason why these people are being protected by many different forms of insurance. It is fair to say that accidents can occur but in no circumstances the victim will be treated unjustly.
After an accident, victims can make a compensation claim from the relevant insurer. However, the form of accident is important as each accident is examined independently. As an example, in Australia, even the party at-fault may be eligible to recover his/her loss after a motor vehicle accident. A similar but more beneficial system is also being applied in work-related accidents. In Australia, workers compensation claims are being examined under the no-fault scheme. This means, to the worker’s favour, negligence isn’t taken into consideration for the compensation eligibility. However, the duty of care exists for the employer. Breaching this duty can be determined as a serious violation of laws.
A Business’s Duty Is to Provide Safety
The primary duty of every business in Australia is to keep their visitors safe. Once again, these duties do not require any extra effort. Imagine a restaurant where leftover food is being served to cut expenses. This example alone has more than enough reasons to be risky. The food can be contaminated, the meat or the dairy products contained in the food might be exceeded or the previous consumer might be carrying an illness. In another scenario, where a shop in a shopping centre is dangerously loaded with products. As we all know, improperly placed objects can be deadly. On this occasion, the visitor of the shop can be hit by one of them and an accident can occur. Depending on the height and the weight of the object, the accident can even end up with a fatality. The businesses’ duties are to prevent similar accidents. If the duty is breached, the victim has a valid reason to claim compensation.
