If you are a professional, there is always the possibility that you could be sued for negligence. This can happen in any profession, from doctors to accountants to architects. If someone feels like you have not done your job properly, they may sue you for professional negligence. In this blog post, we will discuss what professional negligence is, and what you need to do if you are faced with a claim.
What is professional negligence?
Professional negligence is defined as “the failure to exercise the degree of skill and care expected of a professional”. This means that if you are sued for professional negligence, it is because someone feels that you have not done your job to the best of your ability.
What you can do if you are a faced with a claim
If you are faced with a professional negligence claim, the first thing you should do is seek legal advice. You will need to find a lawyer who has experience in this area, as it can be complex. Your lawyer will be able to assess your case and advise you on the best course of action.
You will also need to gather all relevant documentation, including contracts, emails, letters, and any other communication relating to the work in question. It is important to be as prepared as possible, as professional negligence claims can be very costly.
If you are found to have been negligent, you may be required to pay damages. These can include the cost of any rectification work that needs to be carried out, as well as any losses incurred by the person who has brought the claim against you. You may also be ordered to pay their legal fees.
How to establish professional negligence?
In order to prove professional negligence, the claimant must show that:
-You owed them a duty of care
-You breached that duty of care
-The breach of duty caused them damage or loss
-The damage or loss was reasonably foreseeable
If the claimant can establish all of these four things, then they will have a successful professional negligence claim.
An example of professional negligence
An example of professional negligence would be if an architect designed a building that subsequently collapsed. The architect could be sued for professional negligence, as they owed the client a duty of care to design a safe and stable building. The breach of that duty led to the collapse of the building, which caused damage or loss to the client.
As you can see, professional negligence claims can be very serious. If you are faced with one, it is important to seek legal advice as soon as possible.
As you can see, professional negligence claims can have serious consequences. If you are facing a claim, it is important to seek legal advice immediately from Richardson Lissack and ensure that you have all the relevant documentation.