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Sean Carty on Professional Negligence

Sean is the latest of our solicitors to contribute to the Law Plain & Simple website.

This introduction to Professional Negligence law was written by Sean Carty, one of the solicitors in our Liverpool offices, you can read the full article over on the Law Plain and Simple website.

If you would like legal advice regarding a professional negligence matter to find out if you can claim professional negligence compensation, call 0151 239 1000 to speak with one of our solicitors.

An Introduction to Professional Negligence

Professional negligence is a concept within tort law that deals with negligence in situations where people or organisations have represented themselves as having more than average skills and abilities.

What makes professional negligence different from other types of negligence?

Professionals, regardless of the industry they work in, are expected to exercise a reasonable degree of skill and care in their work. That duty will almost certainly apply if you paid for the services that they provided to you.

In negligence law, courts apply a test to establish whether a defendant has breached the duty of care they owed to the claimant. Usually this test involves a comparison with the skills and abilities of a reasonable person.

However, professional negligence claims differ in that the defendant will have held him or herself out to have skills and abilities that are beyond those that an average or reasonable person might have. Therefore in a professional negligence claim, the standard of service provided by the defendant is compared against that of other professionals who claim to have similar skills and abilities.

Read more on the Law Plain and Simple website.

By Sean Carty