---
title: "Set out the Queensland causation questions for a negligence claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-statutory-causation-questions-for-a-negligence-claim/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-1-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Set out the Queensland causation questions for a negligence claim

> From the pleaded breach and the harm, build a table with a blank for the facts on each Queensland causation question. Do not decide causation. Where the Civil Liability Act applies, the questions are section 11.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-statutory-causation-questions-for-a-negligence-claim/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 | From the pleaded breach and the harm, build a table with a blank for the facts on each Queensland causation question. Do not decide causation. Where the Civil Liability Act applies, the questions are section 11. |
| What the lawyer must review | Decide factual causation and scope of liability, and write any pleading or advice Check section 5 before using section 11 on a work injury or a dust-related condition Under section 11(3), treat a later statement of what the person would have done as inadmissible unless against interest The lawyer names the Act. Do not treat section 11 as universal |
| Written for | Queensland |
| Applies to | [Set out the statutory causation questions for a negligence claim](https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-statutory-causation-questions-for-a-negligence-claim.md) |

## Checking plan

**Verify against sources**

The lawyer decides both elements of causation. The tool only lays out the questions section 11 asks, and only where that Act applies.

- What the AI does: From the pleaded breach and the harm, build a table with a blank for the facts on each Queensland causation question. Do not decide causation. Where the Civil Liability Act applies, the questions are section 11.
- What the lawyer does: The lawyer decides factual causation and scope of liability and writes any pleading or advice.
- 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. Section 11(1) asks two things: whether the breach was a necessary condition of the harm, and whether it is appropriate for the scope of liability to extend to that harm.
2. Section 11(2) is the exceptional case where factual causation cannot be established in the ordinary way. Leave that for the lawyer.
3. Section 5(1)(b) says the Act does not apply in deciding liability or damages if the harm is or includes an injury for which compensation is payable under the Workers' Compensation and Rehabilitation Act 2003, other than an injury to which section 34(1)(c) or 35 of that Act applies. Section 5(1)(c) is the same exclusion for a dust-related condition. Section 5(1)(a) is the WorkCover Queensland Act 1996 exclusion, other than section 36(1)(c) or 37 of that Act. Check those exceptions before using section 11.
4. The current reprint of the Civil Liability Act 2003 on the Queensland legislation site runs from 1 July 2024. Confirm it is still current.

## Notes

- Section 11 does not ask for a percentage possibility. Section 55 does not either. Where section 55 applies, the court must state the assumptions and the methodology for earnings that cannot be precisely calculated.
- A work injury damages claim is generally outside this Act because of section 5. The lawyer uses the Workers' Compensation and Rehabilitation Act 2003 for that claim.
- The official reprint was opened. The section text relied on was read on AustLII.

## Practical guide

Jurisdiction: Queensland negligence claim to which the Civil Liability Act 2003 applies

**Deliverable**: A causation table with blanks for the facts, not a decision.

**Inputs**

- The breach the lawyer has pleaded or is considering
- The harm
- Whether section 5 takes the claim outside the Act

**Example**: Illustrative example: The draft marks factual causation as met because the harm followed the breach. The lawyer clears that cell. Sequence is not the necessary-condition test in section 11(1)(a).

**Stop and escalate when**

- The claim may be a work injury or a dust-related condition under section 5.
- The harm or the breach is not yet identified by the lawyer.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 11](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s11.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 5](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/cla2003161/s5.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld), current reprint from 1 July 2024](https://www.legislation.qld.gov.au/view/html/inforce/current/act-2003-016) (checked 2026-10-23)

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