Hobbs Giroday Podcast Episode 11

Negligence

With David Hobbs

Hundreds of years ago, basis of suing was driven by contracts or government made law (statutes).
In the last hundred years the law of negligence arose in response to limited scope of availability to sue for certain types of events.
Common law created the concept of duty of care.
The duty is not driven by a contract or a statute, it’s because the common law recognizes in certain circumstances people owe a duty of care to ensure they behave safely and not harm fellow citizens.
If you breach the standard of care or standard of practice, this is the definition of negligence.
Negligence requires causing an injury (to property or a person).
If you don’t cause any harm, it’s not considered to be negligence.
Professional negligence refers to professional people who are paid because they have a particular skill (doctors, engineers etc).
The law has long concluded that professionals owe you a duty of care, or an expected standard of practice. If they fall below that standard and cause you harm then they are seen as being negligent.
Causation is essential to proving negligence. This can be complicated to determine and prove.
David explains various damages and expert witnesses.

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