Negligence claims

 

Individuals who have suffered wrongdoings at the hands of public authorities can bring negligence claims against them. Some of the public authorities that negligence claims can be brought against include the police, the fire service and the health service. There are time limits for bringing a claim which must be observed.

Winning negligence claims against public authorities can prove difficult. The law on negligence is designed to protect public authorities from civil action being brought against them. In order for a claimant to bring a negligence claim against a public authority, they must prove that:

  • The public authority owed them a duty of care
  • There was a breach of this duty
  • The breach caused them to suffer injury

When bringing negligence claims against the police it is particularly difficult to prove that the police owed the claimant a duty of care. In order to prove this, it is settled law that the claimant must show that a ‘special relationship’ between them and the police existed.

Proving that such a ‘special relationship’ existed is not easy. This is a complex area of law which has attracted a body of case law. This emphasises the need to instruct a specialist solicitor with detailed knowledge in this area. Negligence claims that are brought against public authorities are usually strongly defended. If you do not present your case in the best possible way there is a chance that the courts may prevent you from bringing a claim.

If you would like to obtain legal advice and information on bringing or defending a negligence claim, Caven can put you in touch with a local specialist Civil Litigation / Negligence Solicitor free of charge. So, if you have any questions or would like our help in finding local Civil Litigation / Negligence Solicitors please call us on 08001 221 2299 or complete the web-form above.

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