Negligence - What is it?

What is negligence?

Negligence is doing, or failing to do something that a reasonable person would, or would not, do in a certain situation and which causes another person damage, injury or loss as a result.

If a person sues another in negligence, the person is seeking financial compensation for damage. They are seeking to be put in the position they would have been in if the negligence had not occurred. Common situations where negligence may be alleged include car accidents where there is property damage or personal injury, accidents on private or public land, and professional negligence such as medical negligence.

How is negligence determined?

Whether or not negligence has occurred is a matter of satisfying four questions.

  • Did the defendant (i.e. the person being sued) owe the plaintiff (i.e. the person injured) a duty of care?
  • Did the defendant breach their duty of care?
  • Did the plaintiff suffer an injury or other damage?
  • Was the injury or damage caused as a result of the breach of the duty of care?
     

All these factors must be satisfied. If even one is not satisfied then the plaintiff will not be able to establish that the defendant was negligent.
 

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We share this award with all our staff, Lauren, Guy and Sarah and thank them for their dedication in providing the best possible customer service. We also thank our clients who have made our business what it is today. We thank you all so much.

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