Derby injury claim solicitors

McIntosh Fleming Lawyers, specialise in no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges. Get in touch with no win , no fee Derby injury claim solicitors by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .

In law negligence or careless conduct which injures another does not automatically establish legal liability. It must first be shown that, in the circumstances of the case, there was a legal duty to take care to avoid injury to the other person. Lord Wright said in Lochgelly Iron and Coal Co v M’Mullan :

negligence means more than heedless or careless conduct, whether in omission or commission: it properly connotes the complex concept of duty, breach of duty and damage thereby suffered by the person to whom the duty was owing.

The tort of negligence has four elements or requirements, namely:

  • (1)     the existence in law of a duty of care; that is, a situation in which the law attaches liability for carelessness. It is necessary that the careless infliction of the kind of damage in question on the class of person to which the claim belongs by the class of person to which the defendant belongs is recognised by the law as actionable;
  • (2)     breach of the duty of care by the defendant; that is, where the defendant’s conduct falls below the standard the law requires;
  • (3)     a causal or causative connection between the defendant’s careless conduct and the damage;
  • (4)     that the particular kind of damage to the particular claimant is attributable because it is not so unreasonable as to be too remote.

The defendant is liable to the claimant when these four requirements are proved on the civil standard of a balance of probabilities. In practice, the courts consider these four requirements in the round and do not formalistically proceed from (1) to (4). Negligence must be carefully distinguished from other torts, for example of strict liability where it is unnecessary to prove that the injury caused was either intended by the defendant or resulted from any lack of care on his part. In torts of strict liability the claimant need only prove that his injury resulted from the kind of conduct prescribed with the relevant tort.

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