NEGLIGENCE LAW COMPENSATION CLAIMS SOLICITORS
The origin of negligence law for personal injury claims can be traced back to a case presented in court during 1932 called Donahue v. Stephenson :-
A woman's friend bought a bottle of ginger beer for her. Upon drinking the ginger beer, she contracted gastroenteritis. The reason for this was that there was a dead snail inside the bottle. The judge who presided over the case, ruled that the ginger beer manufacturer was at fault and liable to the consumer of the product. He reasoned that no matter who purchased the ginger beer, the fact that the manufacturer allowed the snail to enter and remain inside the bottle of ginger beer makes the manufacturer negligent and was therefore responsible for the woman's injuries. This case formed the basis for the current law of negligence.
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Definition of Negligence
Since Donahue v. Stephenson the law of negligence has undergone numerous revisions. To date, there are several points of view as to what can be considered as negligence. One of the most commonly used definition is as follows :-
The omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do.
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Requirements for Personal Injury Compensation
There are four essential points under current negligence law that a claimant must be able to prove in order to be awarded compensation :-
- Duty of Care :-
This stipulation states that the defendant must be under legal obligation to follow a set of rules which offers protection to other people against unreasonable risk.
- Breach of the Duty :-
A breach of the duty of care occurs when the defendant's actions might have been different from that of another person's and when this action causes injury to the claimant.
- Causation :-
The damage or injury incurred by the claimant must be the actual result of the action or lack of action of the defendant.
- Damage :-
Actual damages, injuries, or loss must be proven by the claimant.
SOLICITORS HELPLINE 0870 174 0140
No Win No Fee Claims
Our solicitors use the no win no fee scheme and compensation is paid with no deductions. You do not have to pay for any legal fees during the entire course of the legal proceeding. Our solicitors will give you a free consultation without further obligation so you can assess whether you want to claim or not. Just call our helpline, email us, or fill out the information form.
SOLICITORS HELPLINE 0870 174 0140
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