Defining Negligence

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Most people understand that negligence involves careless conduct or the failure of a certain party to use proper care. Negligence then can be broken down into the following elements, each of which help show that the injured party is due compensation:

  • You must show that a duty is owed.
  • An action or the lack of an action must fall below the regular standard shown by a reasonably competent professional. This is known as a breach of duty.
  • The breach of duty must lead to a loss. This loss may result in a financial loss or physical damages to a property or person.

General Negligence Cases

General negligence may be represented by the simple omission of fixing a sidewalk, for example. Because the sidewalk is not repaired, a person trips and becomes injured. In these types of daily situations, it can be hard to prove if a duty of care is in fact owed.

Therefore, lawyers often ask if this type of injury was foreseeable, and, if so, is it reasonable or equitable to impose a duty. However, that does not keep the court system from seeing claims of this nature daily. So, if you need legal services in Twickenham along these lines, you need to work with a legal advisor and advocate who is well-versed in cases involving negligence.

Professional Negligence

Another form of negligence involves professional practices. In these instances, negligence can result when an individual is working in a field that requires a particular skill. Therefore, professional negligence extends to such professionals as doctors, veterinarians, teachers, solicitors, and accountants.

The same elements that are noted above are considered in professional negligence cases as well. However, in these situations, the duty of care is often easier to prove. That is because obtaining advice from a specialist shows that the practitioner owes a duty of care when he or she renders an opinion or recommendation.

A Breach of Statutory Duty

Sometimes solicitors must handle cases related to a breach of statutory duty. In these instances, a business does not comply with certain regulations and legislation that has been mandated by the government. So, if you are a company that does not follow suit, you can be held liable for negligence as well as a breach of statutory duty.

A breach of duty is frequently easier to show than general negligence because certain laws or regulations already impose definite duties of care and establish how each duty should be handled. For example, laws are implemented that are designed to keep a workplace safe. So, if the scaffolding at a site is not properly erected and someone falls, the injured party can easily prove that a breach of duty took place.

Contributory Negligence

However, with that being said, you also have to consider the topic of contributory negligence. For example, if you contributed in any way to your own injury, the other party’s liability can be reduced. In fact, that reduction can in some instances be very significant, and the liability can even be lowered to zero in some cases.

In order for businesses to avoid negligence suits, they must maintain reasonable professional standards and stay up-to-date with regulations and legislation. They must monitor their liability cover to make sure that it is kept up-to-date too.

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