Negligence or Breach of Duty Compensation Claims
In order to pursue a successful claim for personal injury compensation it is necessary to establish that somebody else was at fault. Fault will arise through negligence or the breach of a duty imposed in law, known as breach of statutory duty.
Under the law of negligence it is necessary to establish that:
- The other party owed you a duty of care;
- They failed to take reasonable steps to comply with that duty causing injury.
The obligation placed upon the other party under the common law of negligence is to take such steps as are reasonably practicable to reduce the risk of injury. It is not an absolute duty. Accordingly the fact that you sustained injury as a result of a third party’s action may not be sufficient to enable you to recover personal injury compensation.
In some circumstances the law imposes specific duties on parties, known as statutory duties. In such circumstances the legislation will identify the steps which must be taken to comply with that duty. Should the other party fail to take the appropriate steps and you sustain injury as a consequence, it should be possible to pursue a successful claim for compensation. In some cases the law imposes an absolute duty which means that the other party cannot rely upon the fact that they took reasonable steps to reduce the risk.
A large amount of Health & Safety Legislation introduced absolute duties upon employers although these duties were effectively removed and replaced by the common law of negligence with regard to any accident which occurred on or after 1st October 2013.
Where it is not possible to prove that another party was to blame, it may still be possible to recover some form of compensation payment if there is a ‘no fault‘ scheme in operation.
Such schemes operate in limited circumstances and generally speaking the compensation recoverable is lower than if a personal injury claim was pursued against a negligent party.
At Sintons our specialist lawyers can provide full advice on all aspects of personal injury compensation including no fault schemes and State Benefits.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.