Duty of care and negligence


A duty of care must exist for a defendant to become liable to pay damages for negligence. Duty of care is said to exist in many given circumstances because previous case law has established that it does. For example, a doctor has a duty of care to their patient and a car driver has a duty of care to other road users. In order for a claimant to be successful in a claim for negligence, duty of care must not only be established, but be breached and that breach must have caused loss. In addition, that loss must have been reasonably foreseeable.

Before the commencement of litigation a prospective claimant should contact a specialist solicitor to consider the likelihood of success of any claim. The solicitor will be able to establish the likelihood of the success of the claim by considering, through the use of statute and case law, whether there is a duty of care. Negligence crops up across the board in law and can apply to many areas. It is advisable that if you have a claim against someone else because you believe they have been negligent you contact a solicitor that specialises in that particular area of law. For example, if a person has been negligent and as a result you have suffered personal injury, you should contact a personal injury solicitor. If however someone else’s negligence has resulted in you losing out financially, you should contact a solicitor that specialises in the relevant area.

If you would like to obtain legal advice on duty of care, negligence, or a related subject, Caven can put you in touch with a local specialist / negligence solicitor free of charge. So, if you have any questions or would like our help in finding negligence solicitors please call us on 08001 221 2299 or complete the web-form above.

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