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Ches Crosbie Barristers

What is negligence?

Negligence is a failure to meet the standard of care expected of a reasonable person.

It is a tort, a type of fault or wrong, which causes harm that the law compensates by an award of money damages. It is conduct which is objectively unreasonable. The tort of negligence has become the most important source of civil liability for wrongdoing causing money damages in our society.

Other words for negligence are carelessness and lack of prudence. Breach of the standard of care is what we refer to when we speak about negligence, carelessness or unreasonableness. It arises when people conduct themselves in such a way as to foreseeably subject other people to an unreasonable risk of harm. Without proof of these elements, a personal injury claim will fail.

In a car accident case where one vehicle allegedly ran a red light (as often happens in St. John's!) and crashed into another vehicle, the injured party must prove that the first vehicle did in fact run the red light and therefore acted negligently.

If you think you have suffered serious harm as a result of someone else’s negligent behavior, the best thing to do is consult a negligence lawyer. Ches Crosbie Barristers can help.