Insurance
What is Civil Liability?
If someone suffers loss, damage or injury and believes this is through the fault of someone else, they could make a claim against that person – known in legal terms as the “defendant” – in a civil court. If the court agrees that the defendant is liable for the harm caused to the claimant, it can order the defendant to pay a sum of money, known as “damages”, to the claimant. Liability could arise from an action that directly harmed the claimant, but it also often arises from inaction or negligence, such as failing to take a safety precaution.
For example:
- Someone on a led walk fails to shut a gate, leading to livestock escaping, and the farmer makes a claim against the Ramblers Group involved.
- Someone on a led walk is injured by falling on a steep, slippery path, and claims against the Ramblers on the grounds that they should not have been led onto a dangerous path.
Note that the court isn’t there to decide if the defendant “broke the law” but to resolve a dispute between two individuals or organisations. The final decision on whether or not the defendant is liable, as well as the amount of damages to be paid, if any, will be taken by a judge or court official, who should take into account all the circumstances of the case and bear in mind what might reasonably be expected of all the people involved.
One thing the court may consider is whether or not the defendant had any special responsibilities over and above those of an ordinary member of the public. This is known as an “enhanced duty of care”. For example someone in charge of an activity will be expected to take greater care than a simple participant. So the farmer might expect Ramblers volunteers to take special care to ensure a gate is closed, and people joining a led walk might expect that the leader knows more about appropriate safety precautions on a walk than they do.
Going to court can be time consuming and expensive so the claimant and their legal advisers are unlikely to proceed unless they believe they have a strong enough case to stand a good chance of winning sufficient damages to justify the cost of making the claim.