Professional negligence occurs when a professional fails to perform their responsibilities to the required standard, resulting in harm or loss to their client. If you believe you have suffered due to the negligence of a professional, you may have grounds for a negligence claim. This blog will guide you through the key elements of a professional negligence claim and what you need to prove to succeed.

What is Professional Negligence?

Professional negligence is a breach of the duty of care between professionals and their clients. This duty of care requires professionals to act with the skill, care, and diligence expected of a reasonably competent professional in their field. Common examples of professionals who may be subject to negligence claims include solicitors, accountants, architects, and surveyors.

Key Elements of a Professional Negligence Claim

To establish a claim for professional negligence, you must prove the following elements:

1. Duty of Care

The first step is to demonstrate that the professional owed you a duty of care. This means that there was a relationship between you and the professional that required them to act with reasonable care and skill. For example, a solicitor-client relationship inherently involves a duty of care.

2. Breach of Duty

Next, you must show that the professional breached their duty of care. This occurs when the professional’s conduct falls below the standard expected of a reasonably competent professional in their field. The standard of care is objective and does not consider the individual characteristics or abilities of the professional.

3. Causation

You must then prove that the professional’s breach of duty caused you harm or loss. This involves two types of causation:

• Factual Causation: You need to demonstrate that, but for the professional’s breach, the harm or loss would not have occurred.
• Legal Causation: Also known as “proximate cause,” this requires the harm to be a foreseeable consequence of the professional’s actions. The harm must not be too remote.

4. Damage

Finally, you must show that you suffered actual harm or loss as a result of the professional’s breach. This can include financial loss, physical injury, or damage to property. The harm must be quantifiable and not merely speculative.

Common Defences to Professional Negligence Claims

Professionals may raise several defences to a negligence claim, including:

• Contributory Negligence: If you are found to have contributed to your own harm, your compensation may be reduced proportionately.
• Volenti Non Fit Injuria: This defence applies if you voluntarily assumed the risk of harm.
• Illegality: If you were engaged in illegal activity at the time of the harm, you may be barred from recovering damages.

Steps to Take if You Believe You Have a Claim

If you believe you have a professional negligence claim, consider taking the following steps:

1. Document the Issues: Keep detailed records of all communications and documents related to the professional’s services.
2. Obtain Expert Opinion: Seek an independent expert’s opinion to assess whether the professional’s conduct fell below the required standard.
3. Communicate with the Professional: Write to the professional outlining the issues and what you expect them to do to rectify the situation.
4. Seek Legal Advice: Consult a solicitor specialising in professional negligence to understand your options and the best course of action.

Conclusion

Professional negligence claims can be complex and require a thorough understanding of the legal principles involved. If you believe you have suffered due to the negligence of a professional, it is essential to seek expert legal advice to assess the strength of your claim and guide you through the process.

For more information or to discuss your potential claim, please contact Jon Gilbert of this firm.