Common law negligence

Most of the law in England and Wales falls into two categories: those contained in statute and those under common law. Statute is legislative law passed through Parliament, while common law is based on previous judicial decisions (also known as case law) - and the law of negligence was developed on this basis. Common law negligence is based on the principle that if you have suffered from a civil wrong, as supposed to a contractual wrong, then you can recover damages from the guilty party.

In order to qualify for a claim of common law negligence you must have suffered personal injury or loss through no fault of your own. Any claim under negligence must be brought within three years of the accident occurring and, in the case of a child, before their 21^st birthday. Negligence can occur in any situation from purchasing a defective product, receiving poor professional advice, an injury at work or on the road and in other day-to-day situations, provided it can proved that the person at fault owed you a duty of care.

There are some additional factors that have to be taken into consideration before common law negligence can be proved. Firstly, the injury must foreseeable - a reasonable person would have seen the damage in the circumstances. Secondly, there has to be legal proximity, which is a relationship between the two parties. Damages which can be recovered include pain and suffering, loss of earnings, damage to personal possessions, long term loss of amenity and in a fatal accident cases compensation paid to the victim's dependants.

If you would like to obtain legal advice on common law negligence then Contact Law can put you in touch with a common law negligence solicitor free of charge. So, if you have any questions or would like our help in finding local negligence solicitors please call us at 0800 1777 162 or complete the web-form above.