Professional negligence claims can become a major problem. Employers are liable for their employees negligence, and considering the fact that employers cannot always do everything themselves, they will need to be relying on other professionals involved in their company to do work for them. This can sometimes mean taking risks. Professionals and experts do make mistakes, but in business law, their negligence can cause a business serious problems.
Professional negligence covers situations where the defendant has made out as having more than average skills and abilities. The rules embodying professional negligence are the same as the tortuous claims in negligence. It is important to establish a duty of care owed by the defendant to the claimant, and that the defendant has breached their duty of care which has caused the damage.
One who has entered into a contract can sue or be sued on the contract for a breach express term or where there is not one, an implied term that the service will be performed with reasonable care and skill. The standard of care in contractual obligations is the same as in negligence, but will be slightly different when any circumstances of liability may arise, in that contracts are voluntarily created between parties, where as the duty of care is imposed by law.
The standard of care can never come down but can be raised when the defendant has expressly or impliedly shown skills and abilities above the ordinary, reasonable man. Some professionals however, can be negligent even though they may have more experience, because mistakes do happen. The outcome of these negligent acts can be horrendous to the client. Which is why it is wise that professionals providing a service have the adequate insurance to make sure that they are covered in case these mistakes and negligent acts present themselves.
In Business Law making a claim against people for professional negligencecan be a difficult task. Many business's are insured against claims of negligence and others will try to exclude or limit their liability owed in any contracts that they may have with you, leading onto further arguments as to the validity of these clauses. The first port of call in a professional negligence claim is for the claimant to issue the professional in writing preliminary notice. This will include, identifying the claimant and any other parties; a brief outline of the grievance against the professional and a general indication of the financial value of the claim. The notice should be addressed to the professional and should ask the professional to notify their professional indemnity insurers, if applicable. The professional then has 21 days to acknowledge the letter.