A Further Look at Negligence
With David Hobbs
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Show Notes Episode 13:
- Concept of negligence is that you can be liable for causing harm or financial loss or injury, even if there is no contractual relationship.
- The Courts over the years have established the notion of duty of care and also the scope of what is reasonable duty of care.
- In negligence, the first question is always whether duty of care is owed to the injured person.
- Negligence has also been expanded to included professional people.
- In cases involving professionals, experts are used to give evidence of standards of practice and give an opinion on issues of causation.
- There must be causation for there to be negligence; without causation there is no negligence.
- The Canadian system sets a cap (limit) on general damages unlike in the USA where juries are not limited in their awards.
- Negligence cases are often taken on a contingency basis. This means the firm’s fees are based on a percentage of the settlement or award.
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