Hobbs Giroday Podcast Episode 13

A Further Look at Negligence

With David Hobbs

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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