In our daily lives, almost all of us have responsibilities that we should fulfil at all costs to avoid harm to others. As an employer, one should make sure the working environment is safe for the workers and their mental health. As a civilian, we should hesitate to act in a manner that might cause adverse circumstances to the others. And as a business owner, one should ensure that every risk factor is eliminated as even one overlooked danger can end up in devastating results. As citizens in Australia, we should do our best to prevent harm from our visitors, employees or customers; or should act in a sense of responsibility and behave wisely to provide our services at acceptable standards. If this duty is breached, the party affected by our negligent actions can take legal action and request compensation.
How to differentiate negligence from inherent risk?
Public liability claims are based on negligent actions or behaviours that ended up with harm to the others. However, negligence should be understood correctly before taking an action. Not every occasion is a valid reason to make a compensation claim. One should study the laws and evaluate their situation sufficiently to differentiate negligence from an action that involves risk naturally.
Inherent risk, which is also known as the natural risk, is being used to define activities when the risk is a part of the action. Most activities that involve inherent risk are the recreational activities, however, the same rule applies when the risk is too obvious during an activity. Which means, if the risk was obvious but the person that took harm disregarded this fact, compensation may not be claimed.
What are the responsibilities of employers?
Employers should make sure everything works correctly and their employees are in good health. A large proportion of the employers believe that creating a safe work environment is only about providing the necessary equipment and warning the workers about the risks. However, these are only two of the many responsibilities of employers. Workplace hazards should be eliminated in every aspect. This includes these work gears and equipment should be provided, up-to-date and maintained correctly.
Many disregarded factors are the actual causes of workplace accidents. As an example, those who sustain major respiratory system diseases mentions that they were exposed to lethal dust and disregarded the danger. Many former workers suffering asbestosis and silicosis stated that they were provided with simple paper masks and not industrial grade face masks.
Another well-known reason for workplace injuries is outdated work equipment. Providing professional and industry grade equipment is never enough to prevent accidents. Such items have expected lifespans and once exceeded, the usage of the product is almost as dangerous as its absence. Some employers can try to avoid liability by providing this equipment for once and by never looking back. If an accident occurs due to a similar reason, the court might find the employer guilty, and the employer can face harsh penalties.
Responsibilities and duties in social life
Similar responsibilities and duties also appear in our daily lives. As an example, a driver’s legal duty is to obey the traffic rules and regulations to contribute to public safety. Such rules are specifically enforced as the others that use the same roads might get hurt as a result of the reckless driver’s negligence. Same applies to businesses and individuals. To prevent harm, service providers and individuals should take preventive measures to eliminate these risks. However, these duties are not much of a burden. Majority of the accidents in public places occur from omissions that a reasonable person would hesitate to act in a similar manner. As an example, slip and fall injuries are among the most encountered accidents in public liability claims. However, such accidents occur due to slippery floor which is a risk that can be eliminated without much of an effort.
To have a better understanding, it is strongly suggested to visit a liability lawyer as these claims require an in-depth evaluation to reach a conclusion.
