The tort of negligence relates to the failure of a person to take reasonable care to avoid causing injury or loss to another person. To establish an action for negligence, the four basic requirements you must show are:
- someone owed a duty to take reasonable care to you (duty of care);
- that duty of care has been breached (breach of duty);
- you suffered injury or damage to you (damage); and
- the damage sustained was caused by the breach of duty and not too remote a consequence of that breach of duty (causation)
Situations, where a duty of care exists, can arise in all aspects of life, however, most commonly it will be related to a professional relationship between two people. Some of the professionals who owe their clients a duty of care includes:
- Real estate agents
If you feel that someone has breached their duty of care towards you, you may be able to claim for compensation for your injury, damages or loss of profit and/or expenses incurred as a result of that negligence. Contact one of our expert litigators for further information immediately because strict time limits often apply to negligence claims.