When it comes to personal injury law, negligence is one of the most important aspects involved, as it forms the basis for most compensation claims. But, what is negligence? In this helpful guide, we’ll define and explore negligence as well as look at its role in the legal system and how it can be required to prove a negligence claim.
What is the legal definition of negligence?
Negligence is the term used when a party fails to act with reasonable care. This can lead to injury or loss for someone else. Negligence can happen because of the action or inaction of someone who typically has authority over another.
Negligence plays a pivotal role in English common law — particularly in tort law. It’s foundational in providing justice for personal injury, property damage and economic losses caused by another person’s carelessness.
The issue of negligence features in all manner of personal injury compensation claims, the most common of which are as follows:
What are the four types of negligence?
Negligence can manifest in four different forms, varying based on the level of carelessness and the specific circumstances surrounding the situation:
Ordinary negligence
Ordinary negligence is defined as failure to exercise the care expected of a reasonable person, resulting in unintentional harm. This could be a driver failing to stop at a red light and causing an accident.
Gross negligence
Gross negligence is a much more serious form of negligence and is defined by a blatant disregard for the safety of another person or persons. For example, this could be setting off fireworks in a crowded area and causing injury.
Professional negligence
Professional negligence occurs when doctors, accountants or solicitors fail to meet the standards set by their profession, causing harm or loss to their patients or clients.
Contributory negligence
Contributory negligence is when a defendant argues that the claimant’s own actions contributed to their injuries, potentially reducing the compensation they are awarded.
How do you prove negligence?
In order to successfully prove negligence in a compensation claim, the following factors must be established:
Duty of care
The first thing to establish when trying to prove negligence is whether or not there was a duty of care. Examples of individuals with a duty of care are drivers or employers.
Breach of duty of care
You must show that the defendant breached their duty of care to establish negligence during a claim. This could be an employer failing to provide appropriate training to employees or a driver using their phone while on the road.
Harm or loss
You have to show that the breach of duty of care from the defendant actually caused your loss or harm. Also, you must show that the harm or loss was foreseeable by them too.
Use this helpful checklist to make sure negligence can be proven. If all are true, you have a case worth pursuing:
| Condition | Yes | No |
| There was a duty of care. | ||
| There was a breach in the duty of care. | ||
| The breach caused harm or loss. | ||
| The harm or loss was foreseeable beforehand. |
Compensation for accidents or injuries caused by negligence
If you have been injured or suffered loss because of the negligence of someone who had a duty of care over you, you could be owed compensation. By getting in touch with a legal professional to kick off a claim, you could start the process of claiming compensation to cover any medical expenses, loss of income, pain and suffering or any other financial loss caused by the responsible party’s negligence.
How Injury Lawyers 4u can help
Have you been injured due to negligence? Injury Lawyers 4u can help. Our experienced team specialises in personal injury claims and will guide you through the legal process to secure the compensation you deserve.
Contact us to find out more or to arrange for a free consultation with one of our expert lawyers.