Professional negligence is when a professional does not perform their responsibilities to the required standard or when they breach the duty of care. This can cause a large number of issues including financial loss, physical damage, or even injury to the client or customer. It’s an incredibly serious allegation and if there’s a claim made against you, there are five elements of negligence that will need to be proved against you.



Duty

First of all, the complainant will need to prove that the defendant owed them a duty of care not to cause them or others harm. They have to prove that you have agreed to or legally have a duty to prevent them from coming to harm.

Breach of Duty

They also need to prove that a violation of standard care resulted in the accuser being harmed either financially or physically. They need to present proof that you actively refused to perform your duty. This element is more difficult to prove and is often where a litigation lawyer will step in to fight any alleged proof that they may have.

Cause in Fact

The accuser must prove a correlation between the alleged negligence and the negative consequence that they suffered. There should be a link between what happened to them and the duty that was supposed to be upheld.

Proximate Cause

The accuser must prove a direct link between the negligent act and the harm that resulted from the negligence. They need to prove that your action, or inaction, was the direct cause of the injury or harm that they endured. Proximate cause can be a little bit harder to prove than some of the other elements.

Harm

Finally, they need to prove there was actual harm caused by the act. This requires them to provide proof they are actually suffering and it’s not merely a dislike of the situation. This can be one of the easier things to prove, although the evidence the complainant presents is given by an impartial expert. A litigation lawyer can ensure there is a second opinion by a third-party expert to rule out the possibility of fraudulent proof.

If you can defend any of these five elements and prevent the accuser from providing proof on even one of them, the case of negligence will be thrown out. This is where a litigation lawyer will be able to really dig in and find flaws in the opposite side’s proof.

Need help with a professional negligence case? Northford Solicitors can help. Contact us now for more information.