Negligence is a failure to use reasonable care that results in harm to another party, a person does something that a reasonable person would not do. In the other form a person fails to take action that a reasonable person would take to prevent harm. Both forms of negligence can result in a negligence lawsuit filed against the party responsible for the damage.
Law states that a person or an organization is generally liable when they negligently injure others.

If the injured party can prove that the responsible party failed to exercise care that a reasonable party would have, or that, in the circumstances, the law requires for the protection of other persons or those interests of other persons, the injured party may be entitled to compensation. If an injured party has suffered due to negligent behavior, the person has the right to be compensated for physical injury, harm to his property or financial status.

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Negligence is a legal concept usually used to achieve compensation for accidents and injuries.
A faulty building design, could be considered an act of negligence.

How is negligence determined?

Whether or not negligence has occurred is a matter of satisfying four questions.

  • Did the defendant (i.e. the person being sued) owe the plaintiff (i.e. the person injured) a duty of care?
    Did the defendant breach their duty of care?
    Did the plaintiff suffer an injury or other damage?
    Was the injury or damage caused as a result of the breach of the duty of care?

Is a claim valuable?

Legal advice is necessary to determine:

  • whether there is any legal basis to a claim

    who is the person to be sued

    chances of success

    The costs involved in going to court e.g. court fees and, miscellaneous expenses


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