B1.11.1 Negligence

Negligence is a tort of Civil Law. In this sense, the meaning of negligent is that of conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from foreseeable risks of harm.

Three elements must be established in a negligence case. To establish that the defendant has committed the tort of negligence the claimant has to prove:

1. That the defendant owed the claimant a duty of care.
2. That the defendant broke that duty of care through negligent conduct.
3. That the defendant’s negligent conduct caused actionable damage to the claimant.

In addition, the following must also be proved:

1. The ‘Harm’ must be reasonably foreseeable.
2. There must be a relationship of proximity between the plaintiff and defendant.
3. It must be ‘fair, just and reasonable’ to impose liability.

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