Negligence
A tort consisting of a breach of a duty of care owed to the claimant, causing reasonably foreseeable damage. The elements are: duty, breach, causation, and remoteness (Donoghue v Stevenson [1932]; Caparo v Dickman [1990]).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Government guidance defines the concept in the clinical context in terms that map onto the general tort: negligence, in law, is an act or failure to act (omission) that does not meet the level of appropriate care expected, and results in injury or loss.
The claim structure follows from the duty owed: negligence arises where there is a breach of a duty of care owed to a person by professionals or others acting on their instruction, where decisions, judgements or omissions cause harm or personal injury — and where harm results, the injured person or their representative may make a claim for damages against whoever breached that duty.
Related terms
Official sources
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