Accidents which are no one’s fault
An accident is an event which could not reasonably have been foreseen by anyone and for which no one should be held responsible.
If your injury is the result of such a mishap – a ‘pure’ accident – you will not be able to make a successful claim for compensation.
Accidents which are someone’s fault
The modern idea of negligence dates from the 1930s. Negligence: what is it ?
The basic definition of negligence that lawyers now use comes from the Scottish case of Donoghue –v- Stevenson.
As a result of that case and other later cases, the law places defined limits on the classes of person who can claim and the types of injury for which they can claim.
If you are going to be able to claim successfully, the person who injured you has to have been in such a position that they ought to have had you in mind when considering the possible impact of their actions in the circumstances.
In practice, from the point of view of the person owing the duty of care, it means pretty much everyone you are likely to come into contact with – for example, as an employer, as a car driver or as the person with day-to-day control of land or buildings.
What defines negligence is whether you did something which you ought reasonably to have foreseen would injure someone else who was likely to be affected by your actions – or your lack of action.
How we can help
If you have a question arising from this article or concerning a possible claim for personal injuries due to the negligence of another person or organisation, feel free to contact us.
We are accredited specialist solicitors based in Elgin, Moray.
All initial enquiries are free of charge and without obligation. If we think there is a basis for making a claim, we can often deal with it in a way which means it will cost you nothing at all, win or lose.