Let’s face it, we all make mistakes. We’ve all forgotten to call someone back, or sent an email to the wrong person. But when a professional – like a surveyor, lawyer, or accountant – makes a mistake, the stakes are a lot higher and the consequences can have a severe impact on their client.
In this case, that professional may have acted negligently, and the client may be entitled to recover their related losses.
What is Professional Negligence?
At its core, professional negligence occurs when a professional fails to perform their duties to the standard expected in their profession, either by acting inappropriately, making mistakes, or failing to meet their obligations. The law holds these professionals to a higher standard due to the specialised knowledge and expertise they are expected to have gained.
In many cases, negligence can occur when a professional’s actions or inactions fall short of what is considered reasonable and competent in the circumstances. Professionals are generally expected to demonstrate a certain level of expertise, care, and diligence in their work. If they fail to meet these expectations, it can result in harm, either directly to clients or to third parties.
Elements of Professional Negligence
For a claim of professional negligence to be successful, certain elements must typically be proven. These include:
- Duty of Care: The professional must owe a duty of care to the person claiming. This is the first and most important element, as a professional relationship must exist for a duty to arise in professional negligence.
- Breach of Duty: The professional must have breached that duty. There are a wide number of ways in which this can happen, but broadly, it means that the professional has failed to act in a manner that another competent professional in the same field would have.
- Causation: The breach of duty must directly cause the client loss or damage. This means that the outcome complained of wouldn't have occurred had the professional acted appropriately.
- Damages: The client must have suffered actual harm or loss as a result of the professional’s actions or omissions. This can involve physical, financial, or emotional damage, but will usually be financial losses.
Examples of Professional Negligence
Professional negligence can take many forms depending on the field of work. Some examples include:
- Surveyor Negligence: A surveyor failing to detect structural issues in a pre-purchase survey of a property leading to the need for unexpected work required after purchase.
- Legal Negligence: A solicitor failing to meet a deadline for filing court documents, providing incorrect legal advice, or mishandling client funds, causing loss.
- Accounting Negligence: An accountant making errors in financial statements, failing to detect fraudulent activities, or providing incorrect tax advice, causing loss.
Conclusion
Professional negligence is a serious issue that can have far-reaching consequences for both professionals and their clients.
If you think that you have experienced loss or damage as a result of the negligence of a professional you have employed and you want to explore your options, please do contact one of our specialist Commercial Litigators who will be able to assist you. For more information, contact Rachel Gill by emailing rachel.gill@mfgsolicitors.com or give us a call on 0845 55 55 321.
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