Negligence and Liability in Towing Case

This assignment presents a legal case study about Betty who was injured when a car being towed by Eddie from Qualal Motors detached due to a faulty safety clip. The analysis focuses on determining if Eddie and/or Qualal Motors are liable for Betty's injuries based on negligence principles and relevant Australian laws, including the Civil Liability Act and Transport Act regulations. The case also considers a non-liability statement displayed on the towing vehicle, analyzing its legal applicability in this situation.

Legal studies project

Table of Contents
ISSUES ...........................................................................................................................................1
LAWS..............................................................................................................................................1
APPLICATION...............................................................................................................................4
CONCLUSION................................................................................................................................4
REFERENCES................................................................................................................................6

ISSUES
Issues related with cases tudy
In this case study Betty's car broke down while driving to work. He called his garage
Qualal Motors and they sent a mechanic, Eddie to solve the problem. Upon inspecting the car
Eddies discovered that car be repaired at garage only. Batty agreed to same. On being car towed
to towing vehicle, a clip on towing gear slipped open which caused the car to fall and it ran
backward. The car ran over Betty's foot and injure his several toes. In this the suspension of car
was significantly damaged (Hile and Cook, 2015). Betty made a claim for his and car injury to
Qualal Motors. They refused the claim on the basis of a notice displayed in garage and towing
vehicle as well. The notice said that' the garage and its employees are not responsible for any
liability of injury or damages caused while towing a car.'
The issues related with this case is that weather Qualal motors is under any liability for
such incidents. Whether claim made a Betty is rights and he is entitled for same. Another thing to
be discussed here is that whether such notice displayed holds a legal enforceability. With the
discussion of all these facts altogether will give provide a legal solution to Betty over his claim
and legal position of Qualal motors in this case.
LAWS
Department of Transport and Main Roads, 2016
IB-107B Vehicle safety and Standard information Bulletin -SAFE TOWING
Towing is different from day to day driving it requires significant driving skills and
safety precaution . A diver of towing vehicle is legally responsible for other road user safety
while towing a caravan, trailer or another vehicle. The department of transport and Main Roads
(TMR) provides information related with
 ensuring that vehicles and trailer are correctly equipped
 driving safely a combination of a vehicle and trailer.
A driver must check certain points during the trip that:
1. couplings and safety chains are properly fastened.
2. There is no overheating in breakers and wheel bearing.
3. There is a secure light connections and lights are properly working.
4. Tyres are correctly inflated and there is no rubbing of tyres against mud guard,
suspension and trailer body.
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5. Loads doors, hatches and covers are properly secured.
Tort of negligence:
Tort means civil wrong to a party by another due to negligence by letter party. In this a
person fails to comply with his/her care of duty for another person or group of persons. A failure
in compliance with duty of care is termed as breach by responsible party. Three major element of
tort are- duty of care, breach and damages (McBain-Rigg and et.al., 2014). With a breach as
negligence for care of duty the other party get injurious and damages. Duty of care means the
party who was accountable for performance of an act ii also duly responsible for taking care of
parties involved in performance of that act. The injured party is termed as plaintiff and party who
owed a care of duty is called as defendant.
Tort of negligence damages and injury:
for making a compensation claim under tort of negligence there are certain requirements
that are needed to be complied with:
1. the defendant owed a duty of care to claimant
2. a breach of duty of care
3. damage or injury
Civil Liability Act, 2003
Compensation:
A person who has been injured in Australia due to negligence of another party can claim
for compensation (Reynolds, 2015). A claim can be made for any personal injury if it can be
clearly shown that it was cause directly due to negligence of another party.
A claim can be made for :
 medical expenses (past and future) that arises from an injury
 any past and future losses in earnings
 ant funeral cost
 non-monetary damages
 material damages which can be seen clearly
Requirements to prove a claim:
In case of personal injury claims against a party under negligence is hard to prove. For a
making a successful claim evidences and proofs are needed to be collocated to present the claim
and make it enforceable by law. The documents that can be presented as evidences are:
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 medical report from a doctor describing injury suffered by a person due to accident which
required treatment
 financial documents related with treatment such as receipts and invoices for medical
treatment.
 An estimated cost related with future medical treatment.
 A psychological report stating trauma faced by the person due to accident.
The parties from whom a claim can be made:
 Insurance company
 party responsible for such injury
Legal enforceability of public notice:
Any statement that is displayed by government or a private organisation at places where
it can be seen by everyone is termed as a public display of a notice. The notice or statements
create a legal enforceability as there exist an indirect contract. When apart approaches another
for carrying out some work and latter party have certain terms and conditions displayed at work
place, factory or on vehicles and equipments used for carrying out that work (Lower, Monaghan
and Rolfe, 2016). Both the parties enterers into an indirect contract. The terms and conditions
shall be
 displayed at places where it can be seen by everyone
 in large fonts so that it can be read easily form a distance
 rational and logical,
 to avoid legal proceedings
If all the above conditions are fulfilled the terms and conditioned displayed creates a legal
enforceability as if it is clause in the contractual agreement. If a party suffers a damage or injury
it is on the discretion of court to pronounce a reasonable award to party who suffered damages
and injury.
APPLICATION
All he above mentioned laws are applied in the present case study of Betty v/s Qualal
Motors:
Safety law : in the present case it nothing is precisely mentioned about the condition of
towing vehicle. It is considered that it was in a good working condition. But as regulation
required Eddie was under legal obligation to check all the conditioned mentioned above before
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starting the ride. Had he doubled checked the clip before starting the ride he might have avoided
that in incident.
Tort of negligences: Eddie was under duty of care for Betty and his car, as he was taking
car to garage for repairing it (Murray, 2015). Eddie did breach his duty of care as before starting
the ride he did not check with clips and safety chains which lead to car slipped from the towing
vehicle causing injury to Betty and damages to his car.
Civil liability law: for the tort of negligence and breach of duty of care Betty is liable
for compensation provided under civil liability law. As it was duty of Eddie to double check the
safety clips and chain from which car was attached to towing vehicle in order to protect car from
damage. Eddie failed to do same hence car was severely damaged and Betty was badly injury.
Legal enforceability of public statement : A statement stating that Qualal Motors and
its employees can not be held liable for any injury or damages suffered during towing a car, As
car is towed over the risk of client not their risk. The statement was displayed on towing
vehicle and inside the premise of garage. This means the movement Betty agreed for towing his
car by Eddie an employee of Qualal Motors, entered into an indirect contract with garage that in
no condition, they can be held liable for any injury or damages. As terms for non-liability are
clearly defined in that single statement.
CONCLUSION
From application of all the above relevant laws and regulations in case study of Betty
and Qualal Motors, it can be expressed that Eddies was in breach of his duty of care towards
Betty and his car (Safe Towing, 2018). If he had checked the clip twice the incident could have
been avoided. Due to negligence of Eddie Qualal motors was liable for giving a compensation to
Betty as per civil liability Act. And as it was nothing specifically mentioned about the condition
of towing vehicle it is taken as in good working condition. According to the safety regulation
provided by transport Act of Australia the driver Eddie was in a mandatory position to check the
safety clips and chains to ensure the locking of car was done properly.
But with the applicability of regulation related with terms and conditions displayed as a
public statement at premise of garage and towing vehicle, the whole scenario of this case gets
flipped. As statement was written on towing vehicle the fact can not be denied that Betty was
aware of this statement. The legal applicability is that Qualal Motors can not be held liable for
any injury and damages. Hence, Betty is not in a legal position to get a compensation from
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Qualal Motors, unless files a case against them and court on its discretion might award him
compensation for physical injury and car damages suffered by him and his car respectively.
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REFERENCES
Books and Journal
Hile, J. and Cook, G. J., TURNTABLE SAFETY DEVICES AUSTRALIA Pty Ltd and
Tumtable Safety Devices Australia Pty Ltd, 2015. Safety Enhanced Turntable or Fifth
Wheel for Coupling a Semi-Trailer to a Prime Mover. U.S. Patent Application.
14/485,212.
Lower, T., Monaghan, N. and Rolfe, M., 2016. Quads, farmers 50+ years of age, and safety in
Australia. Safety. 2(2). p.12.
McBain-Rigg, K. E and et.al., 2014. Why quad bike safety is a wicked problem: an
exploratory study of attitudes, perceptions, and occupational use of quad bikes in
northern Queensland, Australia. Journal of agricultural safety and health. 20(1). pp.33-
50.
Murray, W., 2015. WORK RELATED ROAD SAFETY RISKS: SOCIETAL, BUSINESS,
LEGAL, & COST FACTORS. The Journal of Risk Management and Insurance. 19(1).
pp.17-25.
Reynolds, E., 2015. Risky business: Quad bike safety relies on the right attitude. Australian
and New Zealand Grapegrower and Winemaker. (613). p.35.
Online
Safe Towing. 2018. [Online]. Available
through:<file:///home/user/Downloads/Safe_towing_guide.pdf>.
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