okay in this video I'll just take a look as a couple of aspects of negligence law
in Ireland we've seen or I have made another video they're selling out before
basic components of a negligence action or a negligence claim they are does if
you're claiming off somebody beat an employer or bees another person or be
the driver or be their limited company and you're claiming that you are
negligent then you need to show for element 1 that they had a duty of care
told you too that the failed to meet the required standard of care assuming that
the challah duty number three that you've suffered loss or injury or damage
as a result of that failure and for that's the connection between your
conduct and your loss so there the basic four elements of a negligence claim in
Ireland or indeed in any common law jurisdiction like United Kingdom or
United States this particular video though I want to look at just two
aspects of those four elements one is duty of care in other words who do we
owe a duty of care to and secondly what is the standard of care that old so to
whom do we owe a duty of care well the guiding principle in Ireland is one
called the neighbor principle you basically Oh duty of care to those who
are proximus or close to us and who are foreseeably likely to be damage two
Rangers by our actions don't have to be physically close to it but they do need
to be sufficiently source that our actions may cause them damaged or lost
so you know it's essentially the neighbor plates for in other words if
we're gonna do something which is likely to call somebody harm or damage well
then the likelihood is they are sufficiently proximate or close to you
that you owe them a duty of care so what are you liable for what are we liable
for what is the scope of that using essentially three things in every slow
physical injury or damage psychiatric injury or damage and pure economic loss
the area's course recognize that if you're held liable in
negligence then you can be held liable for any of these things as physical
injury psychiatric injury or purely economic loss so what is the standard of
care the standard of care is a nebulous enough sort of concept but essentially
it is the standard of behavior that's expected from a reasonably careful
person in the circumstance so the reasonable man or woman but what would
they do in the particular circumstances that's essentially the standard of cater
now there will be allowance is made for the particular physical characteristics
of an individual in the court deciding what is the appropriate standard of care
but generally the standard of care is what is expected from a reasonably
careful person there are four factors and that the courts will look like in
assessing negligence one is the probability of an accident two is the
seriousness of the threatened injury three is social utility of the
defendants conduct and for the cost of eliminating any risk associated with us
let's take a look at the probability of an accident essentially the more likely
an accident the more likely they will be negligent the reverse is also true in
other words if it's completely unlikely or completely freakish that there would
be an accident then it's less likely that there will be negligence in other
words it could be a one-off sort of a situation which is entirely
unpredictable entirely on foreseeable second factor in looking at setting
negligence is the seriousness of the threatened injury if the seriousness of
injuries grace are significant than even a slight risk may be held to be
negligent the third factor you'd be looking at or a court might look at in
assessing negligence is the social utility of the defendants conduct if the
activity has a high social utility then greater latitude will be afforded to the
defense social utility has to do with for
example maybe Boy Scout leader bringing children on a trip or something of that
nature clearly there is great social utility in dash and in any contribution
towards society generally so a person in that situation will be afforded a
slightly greater degree of latitude and finally the fourth factor that court
will look at will be the cost of eliminating risk a slight risk may be
reasonable if the cost of eliminating is is completely acceptance so you know
that is just a cost-benefit analysis that's essentially kind of some risks
are you know so small and so negligible gosh there isn't an a huge point in
trying to spend or creating to spend a lot of money in trying to eliminate that
slight risk my name is Terry gory I'm a solicitor entering my contact details on
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