You may have come across the term negligence before, with regards to liability and personal injury compensation, but do you have a full understanding of what it means and when it is used?
The legal definition of negligence refers to conduct that falls below the standards of behaviour established by law for the protection of others against unreasonable risk of harm.
A person has acted negligently if he or she has not followed the reasonable conduct of a prudent person. Negligence only occurs when the plaintiff can prove that the defendant had a pre-existing duty of care such as an employer failing to take steps to prevent an accident at work.
Donoghue vs Stevenson
For the budding legal eagles out there, there are a number of cases which form the foundations of contract and tort law when it comes to negligence and the pre-existing duty of care. Perhaps the most famous case is Donoghue vs Stevenson.
Ms Donoghue consumed a bottle of ginger beer which contained a dead slug and fell ill as a result. Ms Donoghue successfully sued the manufacturer for negligence as it was reasonably foreseeable that a failure to ensure the product’s safety could have led to harm to its consumers.
Making a claim for negligence
Now you have a better understanding of the term negligence, did you know that if you’ve been injured as the result of a work-related injury where your employer has been negligent, you could be entitled to claim compensation?
If you’ve been injured in the course of your work over the last three years and it wasn’t your fault, Accident Advice Helpline could help you to make a claim for compensation.
We are one of the UK’s leading law firms specialising in all areas of personal injury compensation and boast over 15 years’ experience.
All of our claims are made on a 100 per cent no-win no-fee basis and the majority of claims are settled outside of court, it’s that simple.
Part of the service with Accident Advice Helpline is ensuring that the claim process is kept as straightforward and transparent as possible. That’s why we publish these handy jargon buster articles, to help the public understand how the claim process works.
Contact us today on 0800 689 0500 for more information. Our Freephone lines are open 24 hours, seven days a week.
Date Published: March 2, 2015
Author: Accident Advice