A Guide to Understanding Negligence and Duty of Care in Personal Injury Claims: Queensland

Negligence is a legal concept that refers to the failure of an individual or entity to exercise reasonable care, caution, or skill, which results in harm or injury to another person. In the context of personal injury claims in Queensland, negligence is a critical component that determines whether an injured person can seek compensation from the negligent party.

If negligence can be established, then liability fort the injuries and consequential loss will be imposed on the negligent party.

The Four Elements of Negligence

To establish negligence, there are four essential elements that must be proven. The first element is duty of care. Duty of care is a legal obligation that requires individuals or entities to act with reasonable care, caution, and skill to prevent harm to others. The specific duty of care owed in a particular situation depends on the nature of the relationship between the parties. For example, a driver owes a duty of care to other road users to drive safely and follow traffic rules, while a doctor owes a duty of care to their patients to provide competent medical treatment. A business owner owes a duty of care to their customers and employees to provide a safe environment.

The second element is a breach of duty. Breach of duty occurs when an individual or entity fails to meet their duty of care. To determine whether a breach has occurred, the court will consider what a reasonable person in the same circumstances would have done. If the conduct of the defendant falls below the standard of care expected of a reasonable person, then a breach of duty has occurred.

The third element is causation. Causation requires the plaintiff to prove that the breach of duty caused their injury or harm. This can be a challenging aspect to establish, and the plaintiff must show that the injury would not have occurred if the defendant had taken reasonable care to prevent harm. The standard of proof required by the plaintiff is to establish causation on the balance of probabilities – i.e. that the actions or inactions of the defendant more likely than not resulted in the harm or loss to the plaintiff.

The fourth and final element is loss or damages. Damages refer to the harm or loss suffered by the plaintiff as a result of the breach of duty. This can include physical injuries, emotional trauma or psychological injuries, lost income, and medical expenses. To seek compensation for damages, the plaintiff must demonstrate that their injury caused by the defendant’s breach of duty resulted (or will result) in actual loss or damage and that such damage was reasonably foreseeable. In many cases, a defendant’s negligence could cause a minor or temporary inconvenience to a person that does not amount to any real loss or damage. However, for serious and permanent injuries such as broken bones, dislocations, back and neck injuries, there is usually a significant loss of the injured plaintiff’s income or earning capacity.

How Do I Know If A Duty Of Care Has Been Breached?

Negligence is determined using a legal test called the ‘reasonable person’ test. This test requires the court to assess whether the conduct of the defendant was that of a reasonable person in the same circumstances. If the conduct falls below the standards of a reasonable person, then it is deemed as negligent.

To make a successful personal injury claim, the injured person must prove that the defendant breached their duty of care by failing to take reasonable steps to prevent harm or injury. The duty of care refers to the responsibility that a person owes to another to take reasonable care to avoid foreseeable harm.

Establishing A Duty Of Care Being Owed To You

A duty of care can arise in a variety of situations. Some of the established duties of care in Queensland include:

1. Occupiers’ duty of care: Occupiers of premises owe a duty of care to ensure that their premises are reasonably safe for visitors, customers, and other people who come onto their property. This duty extends to both natural and artificial hazards, and the occupier must take reasonable steps to prevent harm from these hazards.
2. Employer’s duty of care: Employers owe a duty of care to their employees to provide a safe work environment, including proper training, equipment, and supervision. Employers must also take reasonable steps to prevent foreseeable harm to their employees, such as providing adequate safety measures to prevent accidents.
3. Professional’s duty of care: Professionals such as doctors, lawyers, and accountants owe a duty of care to their clients to provide competent and professional services. This duty extends to both the advice given and the manner in which the services are provided.
4. Road users’ duty of care: Road users, including drivers, cyclists, and pedestrians, owe a duty of care to each other to behave reasonably and avoid causing harm. This includes obeying traffic laws, driving within the speed limit, and being aware of other road users.
5. Manufacturers’ duty of care: Manufacturers owe a duty of care to consumers to ensure that their products are safe and fit for their intended purpose. This includes taking reasonable steps to prevent harm from foreseeable risks and providing adequate warnings and instructions for use.

If no duty of care is owed to you, there can be no claim for negligence.

Establishing A Breach Of The Duty Of Care

Once the duty of care has been established, the injured person must show that the defendant breached their duty of care by failing to take reasonable steps to prevent harm. This can be demonstrated by showing that the defendant’s conduct fell below the standards of a reasonable person in the same circumstances. For instance, if a driver runs a red light and causes an accident, they have breached their duty of care by failing to obey traffic rules and drive safely.

If the injured person can prove that the defendant breached their duty of care, they must then show that the breach caused their injury. This means demonstrating that the injury would not have occurred if the defendant had taken reasonable steps to prevent harm. For instance, if a person slips and falls on a wet floor in a store, they must show that the store owner’s failure or delay to clean up the spill caused their injury. In this specific example, the ‘20 minute rule‘ would assist the court in determining whether the store owner was negligent.

Related: Real life examples of public liability claims that failed to establish negligence

Finally, the injured person must show that they suffered harm or injury as a result of the breach of duty of care. This can include physical injuries, psychological trauma, loss of income, and medical expenses.

Duty Of Care And Negligence In Real Queensland Cases

Owing a duty of care is only the starting point. A claim succeeds only when every element is proved, and a court will dismiss a claim if even one is missing, including a case where the defendant has been found to have breached its duty. Our case schematics show how this plays out in real Queensland judgments. Each one is a drawing of how the incident happened, with the three findings the case turned on, and each is marked as a claim won or a claim lost.

Three of them show the elements at work:

• Nkamba v Queensland Childcare Service Pty Ltd [2022] QDC 292. A childcare worker rolled her ankle on a small plastic block that was flung out of a dark storage shed as she dragged play equipment out of it. The court found the lighting in the shed was inadequate and that the shed had not been properly checked the night before. The employer had breached its duty of care, and the claim was won.
• Frazer v State of Queensland [2026] QSC 82. A teacher developed post-traumatic stress disorder after an angry parent came onto the school grounds and banged on the staffroom door, trying to confront her. The court found the principal acted reasonably in the one to two minutes available, so there was no breach, and that none of the suggested precautions would have prevented the injury. The claim was lost.
• Eyles v Sydney Skydivers Pty Ltd [2026] QCA 53. A skydiving student broke his leg landing a solo jump. The trial judge found the company breached its duty by letting him fly over a gravel runway, but that the injury was caused by his own landing technique, reaching out with his right foot instead of landing with his knees bent as he had been trained. Because the breach did not cause the injury, the claim was lost, and the Court of Appeal agreed.

You can browse every case schematic by type of claim, and filter them to show only the claims that were won or only the claims that were lost.

Making A Negligence Claim For Personal Injury

In Queensland, there is a three-year time limit for making a personal injury claim. This means that the injured person must commence legal proceedings within three years from the date of the injury or from the date they became aware of their injury. In most instances, there are pre-court proceedings that must be completed within shorter time limits.

If you have been injured due to someone else’s negligence, it is essential to seek legal advice from a qualified personal injury lawyer. A lawyer can help you understand your legal rights and obligations, assess the strength of your case, and guide you through the legal process.

It is essential to establish negligence in order to make a winning personal injury claim. To make a successful claim, the injured person must prove that the defendant breached their duty of care by failing to take reasonable steps to prevent harm, that the breach caused their injury, and that they suffered harm or injury as a result. If you have been injured due to someone else’s negligence, it is important to seek legal advice as soon as possible to protect your rights and interests.

Contact one of Roche Legal’s expert personal injury lawyers to discuss your negligence claim today.