{"id":617,"date":"2009-08-20T15:38:29","date_gmt":"2009-08-20T14:38:29","guid":{"rendered":"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/?p=617"},"modified":"2009-08-20T15:46:05","modified_gmt":"2009-08-20T14:46:05","slug":"accident-claim-is-brought-under-tort-negligence","status":"publish","type":"post","link":"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2009\/08\/20\/accident-claim-is-brought-under-tort-negligence\/","title":{"rendered":"Your Accident Claim is Brought Under the Tort of Negligence"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" alt=\"\" src=\"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/wp-content\/uploads\/2008\/02\/hammer.jpg\" title=\"theinjurylawyers\" class=\"alignright\" width=\"250\" height=\"216\" \/><strong>Tort<\/strong> means civil wrong, so where in criminal law a wrong is a crime, in civil law it is called a tort.<\/p>\n<p>Negligence is one of the most important areas in tort. In order to establish negligence the following must be assessed:<\/p>\n<ul>\n<li>Was the defendant (the person you hold responsible for the \u2018tort\u2019) careless in his behaviour?<\/li>\n<li>And did this careless behaviour cause you a  loss or injury?<\/li>\n<\/ul>\n<p><!--more--><\/p>\n<p>Furthermore the following elements must be present in order for your claim to be successful:<\/p>\n<ul>\n<li>A duty of care must be owed by the defendant to you<\/li>\n<li>The defendant must have breached this duty of care<\/li>\n<li>And this breach must have caused you to suffer loss or damage<\/li>\n<\/ul>\n<p><strong>Is a duty of care owed to you?<\/strong><br \/>\nThe question of whether a duty of care exists is governed by the leading case of Caparo V Dickman. When deciding whether there was a duty of care owed the court will ask three questions:<\/p>\n<ul>\n<li>1.    Was your loss foreseeable?<\/li>\n<li>2.    Was there sufficient proximity between you and the defendant<\/li>\n<li>3.    Is it fair just and reasonable to impose a duty of care?<\/li>\n<\/ul>\n<p>A good example of how this is applied can be found in one of the most famous cases in British legal history, that is the case of <em>Donoghue v Stevenson<\/em> (also known as the \u201csnail in the bottle\u201d case) which all lawyers have no doubt studied at some stage. Mrs Donoghue went to a caf\u00e9 with her friend. Her friend bought a ginger beer and Mrs Donoghue drank some of the ginger beer and poured the rest into a glass to discover that a dead snail was also in the bottle.  As a result, Mrs Donoghue was unwell suffering nervous shock and in a landmark Judgment the House of Lords found in her favour by a margin of 3-2.  In this case Lord Atkin delivered another famous speech:<\/p>\n<blockquote><p>\u201cYou must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be \u2014 persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question.\u201d<\/p><\/blockquote>\n<div>&nbsp;<\/div>\n<p><strong>What is proximity?<\/strong><br \/>\nThis means that you either need to be in the vicinity of the accident (for example you wouldn\u2019t be able to claim compensation if you heard about a car accident on the radio) but you might be able to if you were present at the scene of the accident. This can become fairly technical so I wont bore you with the finer details. <\/p>\n<p>In the case of <em>Bourhill V Young<\/em> the claimant suffered a miscarriage after hearing a fatal accident from around 50 yards away. She was unable to claim against the person at fault for the accident because there was no proximity between the two parties and it would not have been foreseeable that she was like to be harmed in this way by the accident.  The Courts require a very close degree of proximity in these type of nervous shock or psychiatric harm cases<\/p>\n<p><strong>What does just fair and reasonable mean?<\/strong><br \/>\nSometimes even were loss or damage is foreseeable and there is proximity between parties, it may not be \u2018just fair and reasonable\u2019 to impose a duty of care for certain reasons. For example if a bank robber is injured by his accomplice\u2019s careless driving in the \u2018get away\u2019 a claim would likely fail on the grounds of public policy; because the law does not exist to help those who are engaged in crime!<\/p>\n<p><strong>Conclusion:<\/strong><\/p>\n<p>If you can show:<\/p>\n<ul>\n<li>1.    That the defendant owed you a duty of care<\/li>\n<li>2.    That a reasonable person would have foreseen that you might be injured by the defendant\u2019s acts<\/li>\n<li>3.    That there was sufficient proximity between the both of you<\/li>\n<li>4.    And that it is fair just and reasonable under public policy for the defendant to have owed you a duty of care<\/li>\n<\/ul>\n<p>Then a duty of care is owed by the defendant and if this duty has been breached, you may be able to sue him for that breach and <a href=\"http:\/\/www.theinjurylawyers.co.uk\/100-percent-compensation-4u.php\">claim compensation<\/a> for your injury\/ loss sustained.<\/p>\n<p>We understand that the above can seem a bit like gobbledygook, but we thought you might be interested in knowing the actual law behind most <a href=\"http:\/\/www.theinjurylawyers.co.uk\/\">accident claims<\/a> but don\u2019t hesitate to give us a call if you want everything explained to you in plain, easy to understand language.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Tort means civil wrong, so where in criminal law a wrong is a crime, in civil law it is called a tort. Negligence is one of the most important areas in tort. In order to establish negligence the following must be assessed: Was the defendant (the person you hold responsible for the \u2018tort\u2019) careless in &hellip; <a href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2009\/08\/20\/accident-claim-is-brought-under-tort-negligence\/\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Your Accident Claim is Brought Under the Tort of Negligence<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[],"class_list":["post-617","post","type-post","status-publish","format-standard","hentry","category-understanding-law-claims"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>An Accident Claim is Brought Under the Tort of Negligence<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2009\/08\/20\/accident-claim-is-brought-under-tort-negligence\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"An Accident Claim is Brought Under the Tort of Negligence\" \/>\n<meta property=\"og:description\" content=\"Tort means civil wrong, so where in criminal law a wrong is a crime, in civil law it is called a tort. Negligence is one of the most important areas in tort. In order to establish negligence the following must be assessed: Was the defendant (the person you hold responsible for the \u2018tort\u2019) careless in &hellip; Continue reading Your Accident Claim is Brought Under the Tort of Negligence\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2009\/08\/20\/accident-claim-is-brought-under-tort-negligence\/\" \/>\n<meta property=\"og:site_name\" content=\"The UK&#039;s No 1 Injury Lawyers Blog\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/ukinjurylawyers\" \/>\n<meta property=\"article:published_time\" content=\"2009-08-20T14:38:29+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2009-08-20T14:46:05+00:00\" \/>\n<meta property=\"og:image\" content=\"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/wp-content\/uploads\/2008\/02\/hammer.jpg\" \/>\n<meta name=\"author\" content=\"Author\" \/>\n<meta name=\"twitter:card\" 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