Negligence claims (general)

Solicitors here conduct the pursuit and defence of claims for negligence. The requirements for making a successful claim in negligence are:

1. the existence in law of a duty of care situation (i.e one in which the law attaches liability to carelessness); there has to be recognition by law that the careless infliction of the kind of damage complained of on the class of person to which the claimant belongs by the class of person to which the defendant belongs is actionable;
2. breach of the duty of care by the defendant (ie. that the conduct complained of fails to measure up to the standard set by law);
3. a causal connection between the defendant’s careless conduct and the damage;
4. that the particular kind of damage to the particular claimant is not so unforeseeable as to be too remote.

When these 4 requirements are satisfied, the defendant is liable in negligence. Only then is it relevant to consider the assessment of damages (i.e. the compensation for the damage for which the defendant is responsible).

Liability for negligence can overlap with other bases of civil claim: for example, nuisance, libel, breach of statutory duty, deceit, trespass, unlawful interference with contract and unfair competition.

Our solicitors are experienced in and have the resources to undertake litigation and arbitration in relation to claims for damages for negligence in most commercial circumstances.