Professional Negligence
Written By: Jason Bright
Within the concept of negligence there is the element of strict liability. This means that someone can be liable for actions or inactions that fall below the standards of a reasonable person, even though there was no intention to do so.
Written By: Mark Harris
Professional negligence is a complex area of law, whether you are a mistreated customer looking to make a claim or a professional in some capacity looking to defend yourself in such proceedings finding a solicitor is the best way to start and one of the most important parts of the whole claim.
Written By: Mark Harris
There are a relatively high number of claims against builders for professional negligence. All types of construction need to be safe and completed to a high standard. The majority of builders do a great job of meeting this standard; however, the construction industry is not one of the most closely regulated and there are a lot of cowboys out there.
Written By: Mark Harris
Professional indemnity insurance is a must for any individual or organisation whose activities are concerned with selling knowledge or skills as a professional. The regulators of many industries require all companies that come under their remit to have professional indemnity insurance in order to protect consumers and ensure that they can be compensated when a company fails to provide an acceptable level of service.
Written By: Colm Wolstencroft
Any medical health care provider who is involved with providing care to sick and injured people is advised to take out a malpractice insurance policy. It is an unfortunate fact of life that even seasoned professionals cannot go through the whole of their life without making mistakes. If one of these mistakes should cause a patient harm or injure them further, they may have a medical malpractice lawsuit filed against them.
Written By: Jason Bright
The concept of negligence relates to duty of care and the lack of it. In law it has been established that a person’s actions and conduct should adhere to a reasonable standard of care to others that may be harmed. If duty of care is lacking then that person is deemed to be negligent and liable to legal action taken against them.
Written By: Jason Bright
The law on negligent misstatement can be complicated and hard to understand. This is because the law of negligence has mostly been covered by the decisions of cases setting the law. As with cases some can be contradictory and the need for another case to clear things up is usually needed.
Written By: Colm Wolstencroft
Doctors, nurses and other health care providers will usually work to a very high standard when providing care for the people who need it. Medical negligence falls somewhere in between inconsequential mistakes that have no effect and deliberate harm to patients.
Written By: Jason Bright
The concept of negligent misstatement relates to the idea that someone has relied on a statement from another, which turns out to lack duty of care and has caused harm. In an example, someone wants to buy a house and they get a survey which says the house is in good shape. That person buys the house on this information and this house then falls down.
Written By: Colm Wolstencroft
The term ‘no win no fee’ has entered the modern lexicon in such a way that it has become associated with a number of dodgy business practices. While it is true that there are some disreputable companies using no win no fee agreements, the majority have good intentions and the payment structure has a number of good points.
Written By: Colm Wolstencroft
It is a fairly universal truism that if an individual employs the services of a professional they will expect a certain standard of service. This is true of all professionals, from solicitors to architects to doctors, and if this expected standard is not met, a claim of professional negligence can be made. A professional will promote themselves in a certain way if they want to be able to make a living.
Written By: Mark Harris
When seeking a settlement for professional negligence the courts should only be used as a last resort when the dispute has proved impossible to resolve by any other means. The courts provide a pre action protocol, which they will expect to have been completed before a case of professional negligence is brought before them.
Written By: Mark Harris
Public liability insurance provides cover for businesses that become involved in disputes with the public over personal injury or other types of damage. Any business that operates premises which are open to the public, or whose activities involve visiting customers at their homes should seriously consider taking out public liability insurance.
Written By: Jason Bright
Negligence law is mainly governed by case law and the subsequent decisions by the courts. The fact that negligence law is mostly case law means it can sometimes be difficult to understand and to apply to situations. This has then lead to a number of developments with regards to the law of negligence that the courts have dealt with.
Written By: Jason Bright
The issue of negligent misstatement can occur in a number of situations. The situation can arise when ever another person relies on a statement. The issue of negligent misstatement can do with employment for when a reference is given. In a commercial context when a business relies on a report or in property contexts when people rely on surveys. In all these situations and many more there will be a need for a solicitor to give advice and to represent anyone a victim or defending a negligent misstatement claim.
Written By: Colm Wolstencroft
If a person regularly gives professional advice or provides a professional service as a way to make a living, they should seriously consider taking out a professional indemnity insurance policy. If the advice given turns out to have damaging consequences for the customer or the service is not up to the standard expected, the professional could be accused of professional negligence.