Professional Negligence occurs where a professional fails to perform their responsibilities to the required standard. A claim may be based on one or more of the following:
These claims may be brought by the professional’s client, but third parties may also be able to bring an action against the professional, depending on the circumstances.
Professional negligence is a part of negligence under the English law of tort. This is a common law legal system – a branch of laws that impose civil liability for breaches of obligations.
Professional negligence occurs when someone causes loss to another person due to their own carelessness, recklessness, or where the service provided is substandard and causes loss or damage as a direct consequence.
Some professions have professional bodies or regulators who require them to enforce this kind of legal protection. These professions include:
Other professionals may also choose to take out professional liability insurance to protect themselves should claims for negligence be made against them.
Typically, this covers professionals against:
However, you can still make a professional negligence claim against someone who has indemnity insurance, and the conditions for proving the claim remain the same.