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Claim in Negligence: An Overview

Recently, the media in Indonesia has been buzzing with reports of an accident that killed a celebrity couple caused by the negligence of a driver. The internet community questioned whether the criminal sanctions for negligence alone were sufficient and able to bring a sense of justice. Furthermore, the question is whether a person who commits negligence can be held civilly responsible.

One of the most common types of personal injury lawsuit involves a claim of negligence. Negligence describes a situation in which a person acts in a careless (or “negligent”) manner, which results in someone else getting hurt or property being damaged. Negligence can often be a difficult area of law to define because it involves a legal analysis of the elements of negligence as they relate to the facts of a particular case.

The law of negligence requires people to conduct themselves in a manner that conforms to certain standards of conduct. Where a person’s actions violate those standards, the law requires the person to compensate anyone who is injured as a result. In some instances, the law of negligence also covers a person’s omission to act. Below, you’ll find information on key aspects of the tort of negligence.

Key aspect of the tort of negligence

In a successful negligence suit, the plaintiff must show that each of the following elements was present:
  1. A duty of care owed by the defendant to the plaintiff
  2. A breach of that duty
  3. An actual causal connection between the defendant’s conduct and the resulting harm.
  4. Proximate cause which relates to whether the harm was foreseeable
  5. Damages resulting from the defendant’s conduct
Legal Basis for a Negligence Claim

The negligence claim is generally filed based on Article 1365 of the Indonesian Civil Code, which states:

“Every unlawful act (tort) that causes damage to another person obliges the wrongdoer to compensate such damage”.

Based on this provision, the elements of a tort are:
  1. An action against the law.
  2. There is loss.
  3. The loss is due to a fault.
How Schinder can help

The outcomes of injury cases depend on a number of factors, but having an injury attorney by your side can make the biggest difference. Even if the facts are on your side, it takes the expertise of a lawyer to properly present your case and follow the necessary processes. Should you need any advice or service related to injury cases, please feel free to contact us at info@schinderlawfirm.com.

Author: Budhi Satya Makmur

Schinder Consultant London Ltd.


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