Professional Negligence

Professional negligence involves the failure of a professional to act with reasonable care and skill towards their client. If this is the case, a client may have a legal right to claim compensation for financial loss against the professional. Professionals can include accountants, solicitors, doctors and engineers. 

Common types of professional negligence 

  • Incorrect or misleading financial advice; 
  • Incorrect or misleading legal advice; 
  • Incorrect accounting, auditing or tax advice; 
  • Incorrect property evaluations; 
  • Engineering errors; or
  • Failing to warn of medical risks.

What is required for a professional negligence claim?

In order to make a claim for professional negligence, it must be established that there was a duty of care, the professional breached the duty and as a result, the person suffered losses. 

A breach of duty of care exists when: 

  • There was a substantial or ‘not insignificant’ risk of harm; and
  • The professional knew, or ought to have known the risk of harm; and 
  • A reasonable person would have taken measures against the risk in the same circumstance. 

Common Services 

  • Advice on the breach of duty of care; 
  • Advice on claims; 
  • Alternative dispute resolution; and 
  • Identify suitable options.