Negligence
With David Hobbs
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Show Notes Episode 11:
- 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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