Personal Injury Solicitors - Negligence
Negligence is the breach of a legal duty to take care which results in injury, loss or damage to the person bringing the claim. There are three things to prove:-
(a) That a legal duty exists to act with due care and regard for the safety of others; if you have been injured in some way, it may be appropriate to ask whether your injury was reasonably capable of being anticipated or foreseen in some way. If so, a legal duty to take care may exist.
(b) That the legal duty is broken. The duty is broken or “breached” if the person who caused the injury acted in a way which was unreasonable or improper.
(c) The injury was caused by the breach of duty such that the injury or financial loss would not have occurred in any event.
If you have been injured, ask yourself whether your injury was caused by the fault of someone else and whether the person who caused your injury should have realised he or she might injure you, and should therefore have acted differently in some way. If you can answer both of those questions with a “yes”, you may have a valid claim.
Be warned, however, that whilst it is possible, in the context of an internet web page to summarise this legal rule quite simply, it can be an extremely complex and difficult law to apply in practice to determine whether or not a valid claim be made.