Introduction
This case study’s purpose is to show an in-depth comprehension of tort law, with particular attention paid to tort law. The topic of carelessness will receive the most attention in Tort Law, and students will learn about its practical applications by analyzing a media piece pertinent to the construction field.
Civil Law
Civil law’s primary focus is the relationships between individuals within a community. Defamation of character, violation of contract, and other similar offenses are all examples of civil proceedings. On the other hand, a civil case is brought about by a private party, as opposed to being prosecuted by the state in criminal proceedings. After that, the cases are resolved by the judges. The sole form of recompense that resulted from the case was cash (Cairns 2019). The prosecution is not required to prove their case beyond a shadow of a doubt if they choose not to. On the other hand, a preponderance of the evidence is all that is required to secure a civil conviction. When there is a probability of the claim being true greater than fifty percent, the burden of proof has been satisfied.
Tort Law and Negligence
When someone suffers an injury to themselves or their property, they can file a claim under tort law to be compensated for their losses. A good example is a vehicle accident. Tort law is utilized to file a lawsuit against a negligent driver if they cause injury to another person in an automobile accident. Negligence can be defined as the failure to act with reasonable care to prevent causing another person to suffer financial loss or physical harm due to one’s actions.
Elements for Establishing Liability for the Tort of Negligence
Duty of Care
The negligent party must be shown to have owed the plaintiff a duty of care for the plaintiff to be successful in their claim. It is a legal requirement for one to exercise the highest level of caution possible. In the case of Grant v. Australian Knitting Mills, the plaintiff, Dr. Grant, suffered from severe dermatitis due to wearing new woolen underpants for several days. This is because the material used to construct the garment had a remnant of chemical sulfide. The case of Donoghue v. Stevenson from 1932 served as a precedent for the court’s decision that a duty of care was owed to the customer because it was reasonable to anticipate that the customer would suffer harm as a result of the manufacturer’s failure to take adequate precautions during the manufacturing process.
Breach
After establishing that they were entitled to a duty of care, the plaintiff has the burden of demonstrating that the defendant disregarded this responsibility by acting negligently. The conclusion is based on the realization that an individual cannot safeguard everyone from experiencing negative consequences. Nevertheless, to avoid causing such damage, they must behave in a manner that is consistent with that of a reasonable person. The plaintiff has the burden of proving that there was a reasonable risk of injury, that the danger could be seen.
Causation
The concept of causation makes up the third component. This indicates that the plaintiff has the burden of proving that they were injured or suffered damage because there was a breach in the duty of care. One of the pupils might get hurt, for instance, if a teacher is watching the situation but then steps away from the class for a moment. If the injuries might have been avoided if the teacher had been supervised, they are responsible for the mishap.
Case Study
Article’s Name: A man has been found dead after falling from a height of multiple stories at a construction site in western Sydney.
Possible plaintiffs: The family of Mohamad Riche, the construction worker who passed away earlier this year.
Possible defendants: The client of the construction site, which was the Geneva Jordan Springs development, the project manager, the professional parties working on the client’s side, such as the architect and the engineer, and the direct employers of the site worker who passed away, such as the contractor, are all liable for the worker’s death. The client of the construction site was the Geneva Jordan Springs development.
The contractor hired to work on the Geneva Jordan Springs development is the potential defendant with the greatest risk of being found liable. This is because they are the ones who are accountable for ensuring that there are enough safety measures in place for the construction site. First and foremost, they are responsible for the workers or employees and should ensure that there are appropriate safety precautions.
Duty of care, breach of that duty, and a connection between the two are the three components that make up the tort of negligence. A responsibility to use reasonable care would be imposed on the developer responsible for the Geneva Jordan Springs project. This is because the contractor was obligated to arrange for appropriate safety precautions to be taken. According to the inspector, there was no need for the incident to have occurred (McPhee 2019). It was also possible that a person may fall through a void in the ceiling, and this was something that could have been fairly anticipate.
The Impact on the Industry
The company, the industry, and the employees would all be affected if the defendant were found accountable for the conduct and conditions mentioned. Initially, there would be the negative and eventual expense of the contractor’s license being revoked or suspended for some time (Automatic Licence Suspension n.d). As a result, the contractor would have no choice but to maintain adequate safety measures, which would greatly improve the working conditions for the employees. This would significantly improve occupational health and safety for the sector as a whole.
Conclusion
This case study was conducted to demonstrate a firm grasp of Tort Law by focusing on that area of the law. In Tort Law, negligence was the main topic, and its practical applications were outlined in a media piece pertinent to the construction field. There is a lot of attention paid to negligence in Australian courts, so anyone working in the construction industry would do well to study tort law.
References List
Automatic Licence Suspension n.d., Web.
Cairns, B 2019, Australian Civil Procedure, Lawbook Co., Australia.
McPhee, S. (2019). A man has died after falling several storeys from a building site in western Sydney, Web.