The report by Trowbridge Consulting and parent company Deloitte Touche Tohmatsu that was presented at last week’s ministerial insurance summit has come under attack from leading lawyers for suggesting a “drift in the definition of negligence” has made it easier for people to win compensation for injuries.

The report said the legal interpretation of negligence has moved from “a reasonable duty of care in all the circumstances towards a ‘strict’ duty of care”.

This has meant that those who occupy premises have an “absolute responsibility for the care of the public on their premises, regardless of personal responsibilities,” the report said. “In these circumstances, it has become increasingly difficult to defend actions alleging negligence or breach of duty of care in public liability business.”   

Faced with the wrath of some figures in the legal industry, Trowbridge CEO John Trowbridge told the Australian Financial Review the report was based on general impressions gathered from his firm’s experience in the industry and from confidential submissions. It wasn’t, after all, providing legal advice.