Harm or Loss

A claim for compensation can be made if harm or loss to a participant has occurred, as result of the other person’s negligence; this is usually known as a claim for damages. Harm or loss has traditionally included terms such bodily injury, economic loss or nervous shock, but more recently a broader concept of injury has emerged. For example, it may be considered possible to damage a person with a disability by unnecessarily restricting their freedom and autonomy. Though this is not recognised by courts as grounds for a negligence action, it is part of legal responsibility and is therefore relevant in determining if negligence has occurred.