Duty of Care
Principle that you must take reasonable care to avoid acts likely to harm your neighbour; Donoghue v Stevenson (1932)
What is the neighbour principle and which case established it?
Civil Liability Act 2003 (Qld) s 9.
Which Act and section sets out when a person breaches duty of care in Queensland?
Section 11.
Which section of the Civil Liability Act covers causation?
Civil Liability Act 2003 (Qld).
Which Queensland law governs negligence?
Donoghue v Stevenson (1932).
Which case established the neighbour principle?
Persons closely and directly affected by your actions.
Who is considered a “neighbour” in negligence law?
Probability of harm, seriousness of harm, burden of precautions, social utility.
Name two factors courts consider when deciding breach of duty.
Breach was a necessary condition of harm, and scope of liability includes the harm.
What must be shown to prove causation?
Queensland Building and Construction Commission Act 1991 (Qld).
Which Act sets building standards for fences?
Northern Sandblasting Pty Ltd v Harris (1997).
Which case involved faulty wiring and landlord liability?
Property owners maintaining safe fences/walls; teachers supervising students; drivers on the road.
Give an example of when a duty of care is owed to a child.
Fence was visibly unsafe, complaints were made, repairs not done = foreseeable risk.
In the faulty fence case, why could the property owner be in breach?
Broken arm, concussion, and psychological trauma.
What injuries did the child in the faulty fence case sustain?
Brisbane City Council by-laws (owners responsible for safe fences).
Which local authority by-laws apply to fence maintenance?
District Court case of cyclist injured by collapsing retaining wall; owner held liable.
Which local Brisbane case in 2021 is relevant to faulty structures?
Established landlords owe duty of care to tenants and children even if not lawful entrants.
What is the significance of Northern Sandblasting v Harris (1997)?
Risk must be more than trivial, but not necessarily highly probable.
What does “not insignificant risk” mean under s 9 CLA?
If the child contributed (e.g., reckless cycling), damages may be reduced.
Explain contributory negligence and how it might apply here.
Probability & seriousness of harm; burden of precautions; social utility.
Under s 10 CLA, what are two key considerations when deciding breach?
Grant v Australian Knitting Mills (1936).
Which Australian case first adopted the neighbour principle into negligence law?
Yes, if the fence is unsafe and foreseeable risk exists, the property owner must take precautions.
Does a property owner owe a duty of care to someone injured on a public footpath adjoining their fence? Why/why not?
Landlord ignoring faulty wiring → injury (as in Northern Sandblasting).
Give an example where failing to act may still be a breach of duty.
But for the fence collapsing, the child would not have been injured → establishes causation.
What is the “but for” test? Apply it to the faulty fence.
Queensland court hierarchy under Civil Procedure rules (District/Supreme Court).
Which law would govern an appeal of this negligence decision?
Courts must apply established principles of duty, breach, and causation consistently; cases guide interpretation of CLA.
How do precedents from case law influence Queensland negligence cases today?