An Introduction To Duty Of Care Negligence
Duty of care negligence concept has at least two purposes. The first is to provide an overall framework for the huge variety of situations in which liability may arise. For centuries the law has recognised relationships in which one person owes a duty to another. The second purpose is one of limitation, setting the boundaries within which one person could be liable to another for the consequences of duty of care negligence.
Duty Of Care Negligence Test
The duty of care negligence test is now stated in this form. The claimant has to show three things if there is to be a successful duty of care negligence action:
- It was reasonably foreseeable that a person in the claimant’s position would be injured.
- There was sufficient proximity between the parties.
- It is fair, just and reasonable to impose liability.
Duty Of Care Negligence – Examples…
Traditionally the duty of care negligence concept has been seen as serving two separate functions:
Is there a duty at the abstract level (the notional duty or duty in law): e.g. does a motorist owe a duty of care to other road users? Or do barristers owe a duty of care to their clients?
Is the particular claimant within the scope of the duty of care (duty in fact or the problem of the unforeseeable claimant): e.g. was this particular road user owed a duty by this particular motorist?
Some cases then are clear. Users of machinery, etc., on the roads, on building sites, in workplaces owe a duty of care to those likely to be affected. So do doctors, nurses, dentists, hairdressers, etc., providing services to the public.
Prior to the beginning of a lawsuit for duty of care negligence a prospective plaintiff really should make contact with a specialist solicitor to take into consideration the probability of success of any claim. The solicitor should be able to establish the probability of the success of the claim by taking into consideration, by using statute and case law, whether there exists a duty of care. Negligence crops up across the board in law and may apply to many areas. It is preferable that if you do have a claim against another person because you believe they are negligent you speak to a solicitor that specialises in that specific area of law. For example, if an individual has been irresponsible and consequently you have experienced personal injury, you need to contact a personal injury solicitor. If however someone else’s negligence has resulted in you missing out financially, you should contact a solicitor specialising in the appropriate area.
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