How to Prove Negligence in a Personal Injury Claim in Queensland

Negligence in personal injury law is the legal basis for most compensation claims in Queensland. If someone else’s careless behaviour caused you harm — whether in a car crash, at work, or in a public place — the law allows you to hold them accountable. But to succeed, you’ll need to prove that their negligence caused your injury.

In Queensland, proving negligence isn’t just about showing that someone made a mistake. It involves meeting a legal test based on four elements: duty of care, breach of duty, causation, and damages. Each element must be backed by clear evidence — and without it, your claim may be rejected.

Personal injury law exists to protect people from avoidable harm. When someone fails to take reasonable care, and that failure leads to physical, psychological, or financial damage, the law steps in. This applies across a range of situations — from unsafe workplaces and negligent drivers to slips and trips in public areas. But every case is different, and the legal rules around proving negligence can be complex.

That’s why it’s so important to understand how negligence works under Queensland law — and what evidence is needed to support a personal injury claim. If you’ve been injured due to someone else’s conduct, this guide will help you make sense of your rights, your options, and what comes next.

What Is Negligence in Personal Injury Law?

Negligence in personal injury law is when someone fails to take reasonable care, and that failure causes another person to suffer harm. In Queensland, negligence is the legal foundation for most compensation claims — from car accidents and workplace injuries to public liability incidents.

To put it simply, if a person or organisation owed you a duty of care, didn’t meet that duty, and you were injured as a result, the law may consider that negligence.

What Does Negligence Look Like in Real Life?

Here are some everyday examples of legal negligence:

• A driver texting behind the wheel who causes a crash

• An employer failing to provide safety gear, resulting in a workplace injury

• A shopping centre that leaves a wet floor unmarked, leading to a slip and fall

These aren’t just unfortunate accidents — they involve someone breaching their legal obligation to act with care. In personal injury law, these actions (or inactions) form the basis for a claim for negligence.

What Is the Legal Definition of Negligence in QLD?

Under Queensland’s Civil Liability Act 2003, negligence is defined as a failure to exercise reasonable care and skill. The law considers:

• Whether the risk of harm was foreseeable

• Whether precautions could have been taken

• Whether a reasonable person in the same situation would have acted differently

If the answer to those questions points to careless or unsafe behaviour, you may be entitled to pursue compensation.

When Can You Claim for Negligence?

You may have a personal injury negligence claim if:

• You were owed a duty of care

• That duty was breached

• The breach caused your injury

• You’ve suffered damages (e.g. pain, loss of income, medical bills)

This applies to many types of personal injury cases — and we’ll explore how in more detail below.

Frequently Asked Questions About What Negligence Means

What is legal negligence?
It’s when a person or business fails to take reasonable care, resulting in harm or loss to someone else.

What is the purpose of negligence law?
To hold people accountable when their careless actions cause preventable harm — and ensure injured parties can claim fair compensation.

Is every accident considered negligence?
No. You must prove the other party breached a duty of care, not just that an injury happened.

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The 4 Key Elements of Negligence

To successfully claim compensation for personal injury in Queensland, you must prove four key elements of negligence. These legal criteria form the framework for deciding whether someone can be held responsible for your injuries.

Each element must be established with evidence — it’s not enough to simply show that an injury occurred. You need to prove how the other party’s actions (or inaction) caused it under the law.

📋 Quick Table: The 4 Elements of Negligence

Let’s break each of these down further.

1. Duty of Care

A duty of care is a legal obligation to take reasonable steps to avoid causing harm. It applies in many everyday situations:

• Drivers owe a duty of care to other road users

• Employers owe a duty of care to employees

• Property owners owe a duty of care to visitors

In personal injury cases, the first question is always: Did the other party owe you a duty of care?

2. Breach of Duty

Once a duty of care is established, you must show it was breached. This means the person or organisation didn’t act the way a reasonable person would have in the same situation.

Common breaches include:

• Failing to maintain safe work equipment

• Ignoring traffic laws

• Leaving spillages or trip hazards unattended in public areas

If the risk of harm was foreseeable and no reasonable precautions were taken, it’s likely a breach occurred.

3. Causation

Even if someone acted carelessly, you still need to prove that their breach directly caused your injury.

Causation can become complex — especially if you have pre-existing conditions or multiple parties were involved. For example, if you’re making a work injury claim, you may need medical evidence to show your condition was made worse due to your employer’s negligence.

4. Damages

The final element is proof of actual loss or damage. This could include:

• Physical injury

• Emotional or psychological trauma

• Lost income

• Medical expenses

• Reduced future earning capacity

You’ll need to gather clear evidence of these damages, such as hospital records, payslips, or specialist reports. Without proven damages, a claim can’t proceed — even if the other elements are met.

Frequently Asked Questions About the 4 Elements of Negligence

What are the 4 criteria for negligence in Australia?
Duty of care, breach of duty, causation, and damages.

What are some examples of breach of duty?
Failing to fix a broken stair rail, ignoring workplace safety protocols, or speeding in a school zone.

Can you claim if there’s no injury?
No. You must show actual loss or damage caused by the breach of duty to make a claim.

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How to Prove Negligence in a Personal Injury Case

Knowing that someone was careless isn’t enough — to win a personal injury claim, you must prove that negligence occurred and that it caused your injury. That means gathering the right evidence to support each of the four elements: duty, breach, causation, and damages.

The stronger your evidence, the better your chances of success.

What Evidence Can Prove Negligence?

To build your case, you may need some or all of the following:

• Photographs or video of the incident or hazard

• Witness statements from people who saw what happened

• Medical records showing the extent and cause of your injuries

• Accident or incident reports (e.g. worksite reports, police reports)

• Expert opinions (e.g. doctors, engineers, safety inspectors)

• Maintenance logs or safety records for workplaces or public areas

• Emails, messages or complaints showing the other party was aware of a risk

In WorkCover and road injury cases, timing and detail matter — you’ll need to act quickly and document everything.

Real Example: Proving Negligence in a Workplace Injury

Amanda, a hospitality worker in Brisbane, slipped on an unmarked wet floor and fractured her wrist. To prove negligence, her lawyer gathered:

• CCTV footage showing no wet floor sign

• Incident report filed the same day

• Medical scans and treatment records

• Roster showing Amanda couldn’t work for six weeks

• Payslips showing loss of income

This combination of evidence established the employer’s breach of duty and the damages Amanda suffered, resulting in a successful compensation claim.

Proving Negligence: Step-by-Step

1. Seek medical attention immediately and get everything documented

2. Report the incident to your employer or the relevant authority

3. Take photos of the scene or contributing hazards

4. Gather witness details

5. Keep receipts and records of medical costs, transport, and income loss

6. Speak to a personal injury lawyer to assess the strength of your claim

Frequently Asked Questions About Proving Negligence

What is the most important part of proving negligence?
Causation — showing the other party’s actions directly caused your injury.

How long do I have to gather evidence?
In Queensland, strict time limits apply to personal injury claims — usually within three years from the date of the incident.

What if there were no witnesses?
You can still prove negligence using medical records, photographs, reports, and expert evidence.

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Negligence Across Different Injury Claim Types

Negligence is a common thread across most personal injury claims, but how it’s proven can vary depending on the situation. Whether you were injured in a car accident, at work, or in a public place, the legal test for negligence remains the same — but the type of evidence needed, and who is responsible, can be very different.

Motor Vehicle Accidents

When it comes to road-related injury claims, negligence usually involves a breach of traffic laws or unsafe driving. Drivers owe a duty of care to everyone on the road — including other drivers, passengers, pedestrians, and cyclists.

Common examples of driver negligence include:

• Speeding or running a red light

• Using a mobile phone while driving

• Failing to give way or follow road signs

• Driving under the influence of alcohol or drugs

To prove negligence in a car accident claim, you may rely on dashcam footage, police reports, and witness accounts. If another driver breached their duty of care and caused your injuries, you may be eligible for compensation through their CTP insurer.

Workplace Injuries

Employers in Queensland have a legal obligation to provide a safe working environment. If they fail to do so, and you’re injured as a result, you may have grounds for a WorkCover claim or common law negligence claim.

Examples of employer negligence include:

• Failing to provide proper training or supervision

• Ignoring safety protocols or failing to maintain equipment

• Allowing unsafe work conditions to persist

• Not addressing known risks or hazards

To succeed in a work injury negligence claim, it’s critical to show that the employer’s inaction or oversight directly caused your injury. Worksite records, safety audits, incident reports, and witness statements can all be used as evidence.

Public Liability Incidents

Negligence also applies to injuries that happen in public or private places, like shopping centres, parks, restaurants, or apartment buildings. These are known as public liability claims.

The person or company responsible for the property has a duty to keep the area reasonably safe. If someone slips on a wet floor with no warning sign, trips on damaged pavement, or is injured due to poor lighting or maintenance, they may have a claim.

Key evidence includes:

• Photos of the hazard

• Witness details

• Maintenance records or incident logs

• Proof the hazard existed long enough that it should have been fixed

Table: Negligence in Different Claim Types

Frequently Asked Questions About Negligence in Injury Claims

Can I make a negligence claim if I was partly at fault?
No. In Queensland, you can only make a personal injury claim if another party was fully responsible for the incident.

Is WorkCover the same as a negligence claim?
Not always. WorkCover is a no-fault statutory scheme, but if your employer was negligent, you may also have a separate common law claim.

What if the accident happened in a rental property or car park?
You may still have a claim. The duty of care can apply to landlords, property managers, or other parties in control of the area.

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Negligence and Duty of Care in Queensland Law

In Queensland, the concept of duty of care sits at the heart of negligence law. It’s the legal requirement that individuals, businesses, and organisations must take reasonable steps to prevent harm to others. When someone breaches that duty and injury results, the law allows the injured person to seek compensation.

This duty applies in a wide range of everyday scenarios — including on roads, in workplaces, and in public or commercial spaces.

What Is Duty of Care Under Queensland Law?

Under the Civil Liability Act 2003 (QLD), a person or organisation owes a duty of care when:

• It is reasonably foreseeable that their actions (or inaction) could cause harm

• The risk of harm is not insignificant

• A reasonable person in the same situation would have taken precautions to avoid the risk

If those conditions are met, a duty of care exists. From there, the focus turns to whether that duty was breached — and whether that breach caused harm.

Who Owes a Duty of Care?

Common examples include:

• Employers, who must ensure safe working conditions and compliance with workplace health and safety laws

• Drivers, who must obey traffic rules and drive responsibly

• Business owners and property managers, who must maintain safe environments for visitors

• Government authorities, who are responsible for public infrastructure and safety in shared spaces

In each case, the law expects reasonable behaviour. If a party fails to take appropriate care — for instance, not repairing a known hazard or ignoring safety protocols — they may be found negligent.

Consequences of Breaching a Duty of Care

A breach of duty doesn’t automatically mean someone is liable. The injured party must still prove that the breach caused their injuries and that they suffered loss.

Consequences of breaching duty of care in a personal injury case may include:

• Financial liability for medical costs and loss of income

• Compensation for pain and suffering

• Legal costs, if the matter goes to court

• Reputational harm for individuals or organisations found negligent

For claimants, proving the breach and resulting damages is critical. For defendants, showing they took reasonable steps to avoid risk can be a valid defence.

Frequently Asked Questions About Duty of Care in Queensland

What is a breach of duty of care?
It’s when a person or organisation fails to act reasonably to prevent foreseeable harm, and someone is injured as a result.

Is duty of care different for employers?
Yes. Employers have heightened legal responsibilities under workplace health and safety laws, in addition to general negligence duties.

Can I sue a government body for negligence?
Yes, but the process may be more complex. Claims involving councils or public authorities follow specific legal procedures and may include liability limitations.

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Damages and Compensation for Negligence

Once negligence has been proven, the next step is determining how much compensation you’re entitled to. In Queensland, personal injury damages are awarded to help injured people recover the financial, physical, and emotional losses they’ve suffered due to someone else’s negligence.

Damages fall into several categories, and the total amount will depend on how the injury has impacted your life — not just now, but into the future.

Types of Damages in Personal Injury Negligence Claims

Compensation can be claimed under the following heads of damage:

• General Damages
  Compensation for pain, suffering, and loss of enjoyment of life. These are assessed using a scale based on injury severity.

• Special Damages
  Covers out-of-pocket costs such as:

  • Medical treatment

  • Rehabilitation expenses

  • Travel to medical appointments

  • Medication and equipment

• Past Economic Loss
  Lost wages if your injury prevented you from working.

• Future Economic Loss
  If your ability to earn income has been reduced due to long-term or permanent impairment.

• Care and Assistance
  Includes both paid and unpaid help with household tasks, transport, or personal care.

Table: Common Damages in Negligence Compensation Claims

How Are Damages Calculated?

Each compensation claim is assessed individually, based on:

• The extent of your injuries

• How long your recovery will take

• Whether your work capacity has changed

• Medical evidence and prognosis reports

• Your age, occupation, and lifestyle

Courts and insurers use medical assessments and legislative guidelines — such as the ISV (Injury Scale Value) — to assign compensation values to injuries. Lawyers with personal injury expertise play a crucial role in helping you obtain a fair and accurate outcome.

Frequently Asked Questions About Compensation for Negligence

How much compensation will I receive for a negligence claim?
It depends on the nature of your injuries and how they’ve impacted your ability to work, live, and function. Each case is different.

Is there a cap on damages in Queensland?
Yes. Some damage categories are capped under the Civil Liability Act 2003, particularly for general damages and certain future losses.

Can I claim for emotional harm?
Yes, provided the emotional or psychological impact is diagnosed and linked to the incident.

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Frequently Asked Questions – Legal Negligence in Queensland

What is negligence in a personal injury claim?
Negligence occurs when someone fails to take reasonable care, resulting in another person being injured. In a personal injury claim, you must prove the other party’s negligence caused your harm.

What are the four elements of negligence?
The four elements are: duty of care, breach of duty, causation, and damages. All must be proven for a negligence claim to succeed.

What counts as a breach of duty of care?
A breach occurs when a person or organisation fails to act in a way that a reasonable person would have in the same situation. For example, not fixing a known hazard or ignoring safety procedures.

How do I prove someone was negligent?
You’ll need evidence such as medical records, photos, witness statements, or incident reports showing the person’s actions (or inaction) directly led to your injury.

Is negligence the same as an accident?
No. Not all accidents involve negligence. A personal injury claim requires proof that the other party acted unreasonably and failed in their legal duty of care.

Can I claim compensation for negligence at work?
Yes, if your employer failed to provide a safe work environment and that caused your injury, you may be eligible to claim under WorkCover and/or common law.

What if the negligence happened in a public place?
You may have a public liability claim. The party responsible for the space (e.g. council, shopping centre, property owner) must keep it reasonably safe for visitors.

What kind of compensation is available in a negligence case?
You may be able to claim for pain and suffering, medical expenses, lost income, and future care or assistance.

Do I need a lawyer to prove negligence?
While not legally required, a personal injury lawyer can help gather the right evidence, build your case, and ensure you meet all legal requirements.

Is there a time limit to make a negligence claim in Queensland?
Yes. Most personal injury negligence claims must be started within three years from the date of the incident.

Can I still claim if the injury worsened over time?
Possibly. You’ll need medical evidence showing a link between the incident and your condition. Time limits still apply, so early legal advice is essential.

Does no win no fee apply to negligence claims?
Yes, many personal injury law firms — including firms like Trilby Misso Lawyers — handle negligence claims on a no win no fee basis.

Further Reading

1. Queensland Government: Personal Injuries Claims
   This page provides information on how to make personal injury claims in Queensland, outlining the process and what you need to know. It’s a valuable resource for understanding your rights and obligations.
   https://www.qld.gov.au/law/your-rights/compensation/personal-injuries-claims
2. Safe Work Australia: Work Health and Safety
   Safe Work Australia offers comprehensive guidelines on workplace health and safety standards, including employer responsibilities and employee rights. This resource is essential for understanding workplace safety and injury prevention.
   https://www.safeworkaustralia.gov.au/
3. Law Council of Australia: Personal Injury Law
   This page provides an overview of personal injury law in Australia, including various types of claims and the legal processes involved. It’s a useful starting point for anyone looking to understand the complexities of personal injury cases.
   https://www.lawcouncil.asn.au/resources/factsheets/personal-injury-law

Case Study: Amanda’s Workplace Injury Claim

Amanda’s work accident claim is an example of how the impact of a workplace accident goes much further than just the injury itself.

Amanda suffered a significant psychological injury at work. The circumstances were very traumatic for her and to make matters worse, the employer told her it was her fault. After the work incident, she was unable to return to her chosen career. Thankfully a family friend gave her work in the hospitality industry and was a very sympathetic employer who made allowances for her limitations. With time off work and now earning significantly less than in her trained career, the family savings were used and their house deposit was gone.

WorkCover offered Amanda a Lump Sum payment of $7,225.00. Amanda knew this sum didn’t compensate her for the injury, losing her career, her continued loss of income and losing the family savings.

Amanda’s legal team at Trilby Misso were able to gather evidence about the work accident and present a case on why the employer was at fault, as well as financial evidence of her loss of income and medical evidence to support that claim. After extensive negotiations Amanda was able to settle her claim for $160,000, just over 22 times what she was initially offered.

The settlement has helped Amanda regain some financial security and the family are now looking again to buy a home.