A claim for negligence may be made if you can establish that the defendant owed you a duty of care, breached that duty of care and as a direct result, caused you harm or damage. The duty of care may be breached by an action or series of actions, or by omissions where there is considered a duty to take action.
Peninsula Law can assist you with the following types of negligence claims:
To be successful in a negligence claim, you must prove the elements of negligence: duty, breach of duty, cause and harm. At Peninsula Law, we can help you satisfy prove these elements, build a successful case and receive the damages applicable to harm caused by the act of negligence.
In a negligence case, the actions of a defendant are compared to how a ‘reasonable person’ would act when faced with the same situation and surrounding context. The defendant will be found guilty of negligence if they did not meet this reasonable standard of care, duty and/or safety.
If a negligence claim is successful, there will be three types of remedies available to a claimant. The most common remedy is damages but injunctions and restitution of property may also be available.
