Negligence Claims

PROFESSIONAL NEGLIGENCE CLAIMS & CLAIMS SOLICITORS BOURNEMOUTH

Things are changing fast in the legal profession and it is fast fragmenting into 3 distinct types of legal service. First are the big corporate law firms who generally act for the big companies and charge accordingly. Second, there are many  national lawyers or claims management companies who offer to solve every problem at no or minimal  cost. Third  are the small, local practices offering a personal and experienced service.

So how is this relevant to negligence claims or personal injury claims ? The answer is that the largest firms are generally not interested in personal law services. The claims lawyers and  volume law firms are only interested in straightforward cases which tick certain boxes and where they know they can win, and this leaves the category of cases that are not always straightforward or involve more complex issues, and where there is a lot at stake for the claimant. This is where high quality local legal practices come in, such as Bournemouth solicitors. This is where we may be able to help you.

It is important to be aware that most negligence claims, including professional negligence claims, are ultimately dealt with by the Defendant’s insurers. In addition to complicated legal issues, surrounding not only legal liability but also proving loss, there is often a lot of tactics involved. Insurers will use their considerable size and economic power to obtain the best deal for tthem, and an experienced solicitor that can be trusted and who has experience of dealing with insurers is often vital.

We will explore all available funding options and find the best option for you, whether no win no fee, shared risk, litigation funding or otherwise.

We assist and represent clients in the following types of cases :-

  • Personal injury claims and accidents at work
  • Claims against solicitors for missed deadlines
  • Surveyor claims for incorrect valauations or missing property defects
  • Claims against accountants for negligent tax advice
  • Financial advice claims for losses on investment
  • Claims against conveyancers for inadequate property enquiries or missing defects in title or errors in leases

Duty of care in professional negligence

It is important to be aware that the standard of professional advice required is that of a “reasonably competent” advisor. This test is not about the standard of service, it relates to a basic level of competence. Your solicitor, financial advisor or otherwise was not expected by the law to be the best, but also needs to have complied with reasonable industry standards for advice. It is also worth looking at the contractual standard which the professional commited to, since negligence claims can and do overlap with claims for breach of contract.

FAQs about:
Negligence Claims

OCCUPIERS' LIABILITY – WHAT DOES IT ALL MEAN

The Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984 govern the liability to visitors.

The 1957 Act imposes duty on occupiers towards their lawful visitors.

•             The occupier is someone who has control over the fixed structures such as property, land or shop as well as movable structures such as vessels, aircrafts or vehicles.  The ‘occupier’ can be a business, local council or individual.

•             A visitor can be anyone, the guest invited to dinner, painter and decorator or a fireman. They are people with an express permission to enter your premises.

•             An occupier owes a common duty of care to all visitors under the 1957 Act.

•             Under s 2(2), the duty is ‘to take such care as is reasonable in all the circumstances to see that the visitor is reasonably safe in using the premises for the purpose for which he is permitted to be there’

•             According to the Act, the occupier has a higher degree of care towards children as they are  “less careful that adults”  [S2 (3)a].

•             The occupier should place specific warning signs if there is any danger around or at the premises.

If a visitor exceeds his express or implied permission he becomes a trespasser under the 1984 Act.

S1 (3) of the 1984 Act states that the duty of care is owed to people other than visitors if the occupier:

a)     is aware of the danger.

b)     knows/has reasonable ground to believe that the individual is in the surrounding area of the danger.

c)     is reasonably expected to offer the person some protection.

If these elements are satisfied, the occupier owes such care as is reasonable. The occupier is only liable if he has fallen below the standard of the reasonable occupier.

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