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DUTY OF CARE

Duty of Care Can Haunt You
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  • People can sue for negligence and breach of duty of care many years after the event.

New laws will make it easier for child abuse victims to sue for damages The Age November 22 2016 Richard Willingham

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Negligence and duty of care can be the subject of a civil court action many many years after the event in some cases.

A Parent or even a child who has grown up may take civil action against you and your Employer for negligence years after an event takes place. Examples of this that we’ve all heard about are the many adults who have sued their old Schools and Teachers for negligence sometimes twenty and thirty years after they were sexually or physically abused as students. Some of these claims involved Schools or Orphanages breaching their duty of care by failing to report abuse that was taking place.

There are many law firms today that have a 'no win no fee' policy and are willing to take on any claim. If you were to Google search 'how to sue a Day Care / Childcare / School / OSHC Service for negligence' you would come up with many answers and 'step by step' guides. Unfortunately, we now live in a society that likes to take legal action against someone at the drop of a hat - especially if they are guaranteed some cash!

It’s better to err on the side of caution now, and ensure you’ve discharged your duty of care now – rather than have to defend it years later.