Negligence law can be used in both criminal and civil proceedings. The definition of negligence has evolved over the years through various examples of case law, and in its simplest form it relates to reasonable care and the failure to demonstrate that reasonable care. There is an assumed duty of care towards other people, and negligence law looks at where this duty of care was breached. Given the fact that negligence law is indeed a very complicated area and open to interpretation, you will benefit from the help of an advisor.
The leading case relating to negligence law is Donoghue v Stevenson. The more recent case of Caparo v Dickman added to the findings of Donoghue, and introduced a three-stage test to consider whether someone owes someone a duty of care or not. This three-stage test was to first look at the relationship between the two parties, then to consider how foreseeable the harm may have been and finally to assess whether or not it is fair and just to enforce a duty of care on that individual.
Negligence law can be applied to many different situations. It can range from manslaughter cases to accidents in the workplace or on the road. It is apparent that negligence law is extremely intricate and there is much case law on the subject, and therefore lawyers who deal in negligence must have sufficient expertise in the area, and fully understand the contrasting case law and legislation on the subject.
