Claims alleging negligence
Negligence law is a means of seeking compensation for general carelessness which has caused an injury. The following elements must be established
- There must be a duty to take care – this is based on the foresight of harm arising to persons in close proximity if care is not taken
- The duty of care must be broken – this is doing something which would not be done by a person who is a right-minded and reasonable person
- The injury must be caused by the breach of duty
- The loss must be within the foresight of a person who is right minded and reasonable though as long as some injury is foreseeable the extent or type of injury is not relevant
In many cases of accidents in the workplace, negligence law took a back-seat to claims formulated under the health and safety legislation which allowed injury victims to have a direct claim for breach of the health and safety rules – with effect from October 2013 in most cases there is no longer any direct claim and most claims now need to be formulated in negligence.
Contact us for more information on negligence compensation claims in Stoke-on-Trent, Newcastle-under-Lyme, Market Drayton and surrounding areas.