Negligence
Also called: Tort of negligence, careless driving, professional negligence
A common law tort arising when a person who owes a duty of care breaches that duty and causes reasonably foreseeable loss or injury to the claimant.
Definition
Negligence is the most important tort in English law. To succeed in a negligence claim, a claimant must establish three elements, each on the balance of probabilities: (1) Duty of care — the defendant owed the claimant a legal duty to take care. The modern test derives from <em>Caparo Industries plc v Dickman</em> [1990] 2 AC 605: the damage must be foreseeable, there must be sufficient proximity between the parties, and it must be fair, just and reasonable to impose a duty. (2) Breach — the defendant fell below the standard of the reasonable person in the circumstances. For professionals (doctors, solicitors, accountants), the standard is the reasonably competent professional in their field (<em>Bolam v Friern HMC</em> [1957]). (3) Causation and damage — the breach caused the claimant's loss, applying the "but for" test: but for the defendant's breach, the damage would not have occurred. Pure economic loss and psychiatric injury follow special rules. Negligence differs from intentional torts (assault, trespass) — no intent to harm is required; carelessness is sufficient. Personal injury negligence claims are subject to a three-year limitation period under the Limitation Act 1980, s.11.
In practice
If you have suffered injury or financial loss because of someone else's careless conduct, the starting question is whether they owed you a duty of care. A driver owes a duty to other road users; a solicitor to their client; a manufacturer to a consumer. If the answer is yes and they fell below the standard expected, you may have a claim. Most personal injury claims are brought under a conditional fee arrangement (no-win no-fee) — see the <a href="/glossary/solicitor" class="body-link">solicitor glossary entry</a>. The <a href="/glossary/limitation-period" class="body-link">limitation period</a> for personal injury negligence is three years. For professional negligence, seek specialist legal advice — the rules on causation can be complex.