Negligence is when you, as a company, do not take care of individuals needs that should be taken care of, which results in some form of harm. Negligence claims are becoming a growing threat as people often underestimate the very real cost of being negligent. But what exactly is negligence, and how can businesses stop it from happening?
Negligence in Detail
There are certain situations where a company can fail to take proper care of an employee, client or even asset and it is not negligence. When anybody is assessing whether the case is actually an issue of negligence, they need to assess several areas:
The difference between actual cause and proximal cause is that the proximate cause is that which legally causes the negative event, whereas the actual cause is the straightforward immediate events leading to the negligence. For example, a barista giving a customer a burn by pouring scalding hot coffee on them is the actual cause, but the proximal cause might be the owner of the coffee-shop designing the hand-over area in such a way that that accident is inevitable.
Clearer examples of negligence are a mechanic giving the all-clear on a car that is, in actual fact, dangerous, or a doctor causing harm to a patient due to an error caused by laziness. These are cases where mistakes shouldn’t really happen, where the gravity of the situation and the possible damages should ensure there are checks in place to eliminate the possibilities of these from happening. There are cases, however, where mistakes may be more common, and in those cases, there are often warnings of the risks of error or harm, which can reduce the case for negligence. An easy way to picture this is somebody with a nut allergy eating a product marked with ‘may contain nuts’. That would not constitute as criminal negligence.Continue Reading