Greenwich Solicitors

Negligence FAQs

Do I have a claim against a professional for negligence ?

If you believe you have received a sub-standard level of advice/work from a professional and have suffered a loss as a result, you have a possible claim in negligence.

What types of professionals can be sued for negligence ?

A wide range of professionals can be sued for negligence including:

• Architects
• Surveyors
• Solicitors
• Barristers
• Doctors
• Accountants

When can a professional be deemed negligent ?

The basis of any negligence claim is proving that a duty of care between you and the professional exists and that this duty has been breached.  In the context of professional negligence claims, it is not difficult to prove the existence of a duty as you will in all likelihood have a contractual relationship with the professional who provided you with the service.  The difficult part is proving that the duty of care was breached.  Professionals are expected to carry out their duty with a reasonable standard of attention and care that can be expected of persons in the same profession.  Quite often, expert witnesses are required to prove whether a duty of care was in fact breached.

How long do I have to bring a negligence claim ?

Generally speaking you have six years from the date of the negligent act to bring a claim, although it can prove much easier to win your case if you bring your case as soon as possible.

In the context of negligence, what does causation mean ?

Causation is crucial in negligence.  In order for someone to be negligent, there has to be “a casual link” between the defendant’s negligence and the harm or loss suffered by the claimant.  If, for example, you were bitten by a neighbour’s dog and subsequently suffered a kidney infection, you would have show that there is a casual link between the dog owner’s failure to control the dog, the dog bite and the infection.  The fact that the claimant might have underlying medical conditions is immaterial as the law generally operates under the principle that you “take the victim as you find them”.

In the context of negligence, what does fair, just and reasonable mean ?

To win a negligence claim, you will have show that it is “fair, just and reasonable” for a duty of care to be imposed on the defendant in the circumstances.  In most cases, this will not prove to be an issue, although claims against public authorities and medical negligence claims will rest more of this issue.