Law of Negligence and Limitation of Liability Act 2008 (NI)

NORFOLK ISLAND Law of negligence and limitation of liability Act 2008

No. 18, 2008

Compilation No. 1

Compilation date: 1 July 2016

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

NORFOLK ISLAND

LAW OF NEGLIGENCE AND LIMITATION OF LIABILITY ACT 2008

Section Heading Page PART 1 - PRELIMINARY 1. Short title 2. Commencement 3. Purposes PART 2 –NEGLIGENCE Division 1 - Preliminary 4. Definitions 5. Application of Part 6. Application to contract 7. Effect of this Part on the common law Division 2—Duty of Care 8. General principles 9. Other principles 10. Duty to warn of risk—reasonable care Division 3—Causation 11. General principles 12. Burden of proof Division 4—Awareness of Risk 13. Meaning of obvious risk 14. Voluntary assumption of risk 15. No liability for materialisation of inherent risk 16. Plaintiff to prove unawareness of risk Division 5—Negligence of professionals and persons professing particular skills 17. Definition 18. Standard of care expected of persons holding out as possessing a particular skill 19. Standard of care for professionals 20. Duty to warn of risk Division 6—Non-delegable duties and vicarious liability 21. Liability based on non-delegable duty Division 7—Contributory Negligence 22. Standard of care for contributory negligence 23. Contributory negligence can defeat claim Division 8— Intoxication and Illegal activity 24. Liability – owners and occupiers and generally Division 9 – General 25. Regulations 26. Effect on other enactments 27. Transitional PART 3 – MENTAL HARM 28. Definitions 29. Application of Part 30. Application to contract 31. Effect of this Part on the common law 32. Mental harm—duty of care 33. Limitation on recovery of damages for pure mental harm arising from shock 34. Limitation on recovery of damages for consequential mental harm 35. Liability for economic loss for mental harm 36. Regulations 37. Effect on other enactments 38. Transitional PART 4 – THE ADMINISTRATION AND OTHER PUBLIC AUTHORITIES 39. Definitions 40. Application of Part 41. Exclusions from Part 42. Effect of this Part on the common law 43. Principles concerning resources, responsibilities, etc of public authorities 44. Wrongful exercise of or failure to exercise function 45. Exercise of function or decision to exercise does not create duty 46. Effect on other enactments 47. Transitional PART 5 – PERSONAL INJURY DAMAGES 48. Definitions 49. Application of Part 50. General regulation of court awards 51. Part does not give rise to any cause of action 52. Limitation on damages 53. Damages for past or future economic loss—maximum for loss of earnings, etc 54. Fixing damages for death 55. Indexation of maximum amount for non-economic loss 56. Damages for future economic loss—discount rate 57. Limitation on damages for loss of gratuitous care 58. Calculation of damages for gratuitous care 59. Application of sections 57 and 58 60. Tariffs for damages for non-economic loss 61. Transport accidents PART 6 – FATAL INJURIES 62. Definitions for Part 6 63. Liability in respect of the death of a person. 64. One action for the benefit of members of deceased person's family. 65. Damages. 66. Contributory negligence. 67. Payment into court. 68. Alternative action by person or persons other than personal representative. 69. Special endorsement on writ of summons. 70. Powers of the court to make orders in relation to actions. 71. Provisions applicable where action tried before court with a jury. PART 7 – APOLOGIES 72. Definitions 73. Apology not admission of liability 74. Reduction or waiver of fees 75. Coroners Act 1993 - apology or reduction or waiver of fees 76. Transitional PART 8 – STRUCTURED SETTLEMENTS 77. Definitions 78. Court may make order for structured settlement PART 9 – GOOD SAMARITAN PROTECTION 79. Definition 80. Protection of good samaritans 81. Application of section 80 PART 10 – VOLUNTEER PROTECTION 82. Definitions 83. Meaning of "volunteer" 84. Meaning of "community work" 85. Protection of volunteers from liability 86. Exceptions to subsection 85(1) 87. Provisions concerning the liability of community organisations 88. Certain indemnities, etc have no effect 89. Application of section 85 90. Regulations Part 11 – MISCELLANEOUS PROVISIONS Division 1 – Ante-nuptial obligations of spouses 91. Torts and ante-nuptial obligations of spouses.. Division 2 – Survival of causes of action 92. Survival of causes of action 93. Damages recoverable for benefit of an estate 94. Limitation on proceedings 95. Damage suffered after or at the time of death 96. Rights in addition to Part 6 Division 3 - Proceedings against and contributions between tortfeasors. 97. Definition 98. Proceedings against and contribution between joint and several tortfeasors 99. Amount of contribution 100. Effect of this Division Division 4 – Contributory negligence 101. Definitions for this Division 102. Contributory negligence 103. Application of Division 3 104. Claims by third parties 105. Pleading of statute of limitations 106. Where case is tried with jury 107. Section not to apply to Navigation Act Division 5 – Insurance moneys 108. Amount of liability to be charge on insurance moneys payable against that liability 109. Enforcement of charge 110. Protection of insurer Division 6 – Payment of benefits provided to claimants 111. Notice and reimbursement of benefits 112. Application of section 111 Division 7 – Repeal and savings 113. Repeal of old causes of action 114. Enactment ceasing to apply and repealed