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MyClaimWorth
★ glossary entry

Liability

By Reviewed by Abd Shanti, Founder7 min read
★ definition

Legal responsibility for the harm that gave rise to the claim.

What it means in practice.

Liability is the threshold question in any claim. If liability is admitted, negotiation moves to quantum; if disputed, the claim must establish it before damages are awarded.

Liability is legal responsibility for the injury. Before any damages are paid, the claimant has to prove the defendant owed a duty of care, breached it, and that the breach caused the harm. If liability fails, the amount of the loss does not matter.

Courts often assess damages even when they find no liability, in case an appeal court takes a different view. That produces judgments where the injury is valued and the claimant still receives nothing.

Liability can also be partial. A defendant can be liable but the claimant’s own fault can reduce the damages or, in some places, defeat the claim entirely.

How it works, step by step.

DecisionWhat happened on liabilitySource
Lockhart v Bartholomai (Qld 2025)No liability: the dog owners had no reason to know their dog was dangerous. Damages would have been $105,185.49.Lockhart v Bartholomai & Anor [2025] QDC 202
Hoyes v Wellways (Qld 2025)No liability for a psychiatric injury found to come from pre-existing conditions. Damages would have been $70,524.50.Hoyes v Wellways Australia Limited [2025] QDC 125
De Martin & Gasparini v Bartlett (NSW 2025)A win of over $2.5 million overturned because the co-worker’s negligence was not proved.De Martin & Gasparini v Bartlett [2025] NSWCA 56
Filmalter v Swenson (Qld 2025)No liability for a doctor who prescribed an antibiotic; judgment for the doctor.Filmalter v Swenson [2025] QSC 32
Coleman v. Soccer Association (Md. 2013)The association was negligent, but the coach’s own contributory negligence barred recovery.Coleman v. Soccer Association of Columbia (Md. 2013)
Singleton v Direct Personnel (Qld 2025)Both the labour hire employer and the host business were liable.Singleton v Direct Personnel Services [2025] QSC 259

A worked example.

★ from a real decision

Valued but not paid: Lockhart v Bartholomai (Qld 2025)

Incident
A 73 year old fell when a Labrador ran at him through an open gate, 8 July 2021
Injuries
Tibial plateau fracture, nerve damage with foot drop, depression
General damages the court would have given
$40,500
Notional judgment
$105,185.49
Actual judgment
For the defendants

The owners did not know, and had no reason to know, that the dog had a vicious or mischievous tendency. With no liability, the injuries were valued but nothing was paid.

Lockhart v Bartholomai & Anor [2025] QDC 202

Sources.

★ frequently asked

Common questions.

Quick answers, plain English.

★ editorial note

This entry describes the term as it appears in published authority and practitioner usage. Nothing on this page is legal advice. For your specific case, consult a solicitor or attorney qualified in your jurisdiction. See /methodology for how we derive figures elsewhere on the site, /sources for the standing authority list, and /disclaimer for the scope statement.