Negligence is a careless act or omission which causes another person damage, injury or loss as a result.
Whether or not negligence has occurred is a matter of satisfying four questions.
- Does the person committing the act or omission (ie. the defendant) owe another a duty of care?
Example: All road users owe fellow road users a duty of care as they may suffer as a result of their act or omission. - Has the defendant breached the duty of care owed?
Example: If his act/omission is outside the ambit of what a reasonable person would do or fail to do. - Did the plaintiff suffer from damage or injury or death?
- Was the damage/injury/death caused by the defendant’s act or omission?
Example: Whether the plaintiff’s death was a result of the collision caused by defendant or there have been other factors such as medical negligence, etc. In other words, would the plaintiff have suffered from damages/injury/death “but for” the defendant’s act/omission?
