Table of Contents
What do Professional Negligence Claims Involve?
Professional negligence claims usually arise out of the provision of professional advice, the delivery of work [or services] or some combination thereof.
Against whom are Professional Negligence Claims Brought?
Provided there are grounds for it such claims can be brought against anyone involved in the giving of professional services such as:
- accountants
- builders
- architects
- accountants
- lawyers
- financial planners
- etc.
What Needs to be Established to Prove Your Case?
To succeed in a professional negligence claim it is necessary to show the professional acted negligently. That means you need to prove the existence of a duty of care, that the professional failed to take reasonable care in the exercise of their duty [also known as breach of duty], that you suffered loss because of the breach and that the damage is you seek to claim are not too remote.
What are some of the Defences to a Professional Negligence Claim?
A defendant will typically say, assuming there are grounds for it, that each of the elements of the case are not made out.
In many cases the focus will be on whether the defendant exercised reasonable care in the delivery of the services and that in turn may be affected by whether or not the person acted in accordance with peer professional opinion. It may also be important to look at whether a warning was given about the service and the material risks so attached.
To determine what a reasonable professional would have done in the circumstances the court will look at the negligence calculus and It involves questions regarding the probability of loss occurring, how serious any loss would be questions about who should be responsible for taking precautions and considerations about the utility of the service engaged in.
How Litigant Helps with Professional Negligence Cases
Litigant typically does not engage in “No Win – No Fee” type arrangements. As such we help clients who have been wronged by negligent services but who can afford to pay for such a case to be pursued.
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