---
title: "Frame breach under Civil Liability Act section 9"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-precaution-questions-for-a-failure-to-take-care/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-5-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Frame breach under Civil Liability Act section 9

> Arrange the section 9 facts: whether the risk was foreseeable, whether it was not insignificant, and whether a reasonable person would have taken the precautions.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-precaution-questions-for-a-failure-to-take-care/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Arrange the section 9 facts: whether the risk was foreseeable, whether it was not insignificant, and whether a reasonable person would have taken the precautions. |
| What the lawyer must review | Decide breach yourself on sections 9 and 10 Weigh probability, likely seriousness, burden and social utility A later precaution is not of itself an admission |
| Written for | Queensland |
| Applies to | [Set out the precaution questions for a failure to take care](https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-precaution-questions-for-a-failure-to-take-care.md) |

## Checking plan

**Verify against sources**

The lawyer decides whether section 9 is met. The tool arranges the facts under each question.

- What the AI does: Arrange the section 9 facts: whether the risk was foreseeable, whether it was not insignificant, and whether a reasonable person would have taken the precautions.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. A person does not breach a duty to take precautions unless the risk was foreseeable, the risk was not insignificant, and a reasonable person in the person's position would have taken the precautions.
2. Foreseeable means the person knew or ought reasonably to have known of the risk. The tool does not decide that.
3. Section 9(2) lists probability, likely seriousness, the burden of precautions and the social utility of the activity, among other relevant things.
4. Section 10(c): the subsequent taking of a precaution does not of itself give rise to liability and does not of itself constitute an admission.

## Notes

- The tool does not decide negligence. If the analysis is later filed, Practice Direction 5 of 2025 or Practice Direction 12 of 2025 requires the practitioner to check every reference.
- Section 22 is a separate professional-standard question. Do not fold it into this breach note.

## Practical guide

Jurisdiction: Queensland claims to which the Civil Liability Act 2003 applies. The lawyer confirms that before the questions are used.

**Deliverable**: A section 9 question list tied to the approved facts, for the lawyer's breach decision.

**Inputs**

- Approved facts on knowledge, risk and precautions
- The precautions the claimant says should have been taken
- Any later remedial step, kept separate

**Example**: Illustrative example: The draft says a warning sign put up after the incident proves the risk was foreseeable. The lawyer strikes that sentence and decides foreseeability from what was known at the time.

**Stop and escalate when**

- The output says the defendant was or was not negligent.
- A later precaution is treated as an admission.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld), sections 9 and 10](https://www.legislation.qld.gov.au/view/whole/html/current/act-2003-016) (checked 2026-10-23)
- [Supreme Court of Queensland Practice Direction 5 of 2025](https://www.courts.qld.gov.au/__data/assets/pdf_file/0011/889148/sc-pd-5-pf-2025.pdf) (checked 2026-10-23)
- [District Court of Queensland Practice Direction 12 of 2025](https://www.courts.qld.gov.au/__data/assets/pdf_file/0005/889682/dcpd-12-of-2025.pdf) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter of instruction to an engineer](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-engineer.md) | Letter | Yellow | Letter asking an engineer for the condition, the mechanism and the available precautions in a plaintiff claim, with the precautions section named by the lawyer and no conclusion on negligence. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*