What do I have to prove when making a Professional Negligence Claim?

In order to bring a successful Professional Negligence Claim you will need to demonstrate the following:

– Duty of Care

That the professional had a Duty of Care. If there is a contract or retainer between you and the professional this is often easy to prove. Even if there is no contract it is still often easy to demonstrate that the professional has assumed a Duty of Care by acting on your behalf

– Breach of Duty

Once you have demonstrated that the professional owed you a duty of care you need to prove that the professional breached that duty. Usually this involves demonstrating that the professional’s conduct fell below that of a reasonably competent professional.

– Loss and Causation

You must then demonstrate that you suffered a loss as a result of the breach of duty. You must be able to demonstrate that the cause of the loss was the professional’s negligence and not as a result of other factors.