Negligence claims in commercial setting
We break it all down and work out if your claim is good.
When a professional gets it wrong, it is tempting to think you have a ‘ lay down misere‘ case. However, before you start any negligence claim, you have to be pretty confident you will succeed, and for the amount you want.
What is the duty of care?
You first have to establish that the person owed you a duty of care. When you engage a professional (architect, builder, lawyer, doctor) it is generally clear that a duty of care is owed. However, care has to be taken to ensure that the facts actually do give rise to a duty of care. Outside of the professions, things can be a little more murky.
We can help work out what the exact nature of the relationship is, and whether you will be able to prove that what was done, or not done, was negligent.
Has there been a breach of that duty of care?
Once the duty of care is established, you have to prove that there has been a breach of that duty. There are legal elements to be satisfied here which have to fit the facts of your case.
Have you suffered a loss?
Did the breach of the duty of care actually cause the loss? If it did – did it cause all of the loss? Did you contribute to the loss in any way? If so, then the Court can adjust the loss so that the negligent party is only liable for a proportion of the loss. Working this out is a critical element of your claim. If you can only recover half your loss will the claim still be economic to run?
Practical issues
We also know there are practical issues to take into consideration:
- Is there insurance held by the other party to cover this loss?
- Is there a limit on the amount of the insurance cover?
- Does the case have to be pleaded differently to take advantage of the particular type of insurance available?
- If the insurance cover is exhausted, does the other party have any assets against which you could enforce a judgment? Are those assets already charged with debt (for example, a mortgage to a bank?).
We will give you as much legal and factual data as possible and combine that with a practical approach in plain English to you can make a fully informed decision about pursuing your claim.