Accident or negligence?
This is the main issue in any compensation claim. You can make a claim for compensation but only if there is evidence to show that your injury was caused by someone else’s negligence.
They need to be at least partially to blame for what has happened to you.
This means that they did not ensure that safeguards were in place to protect you against an accident or injury: or if there were that these were faulty or inadequate in some way.
If this has been the case then you may receive compensation.
So what is the difference between an accident and negligence?
An accident is a situation which happens without warning and as such, could not be prevented. No-one is responsible and there aren’t any grounds for making a claim.
All of us have at some point been injured due to our actions. Carelessness is part of being human and it is easy to do something without thinking which then results in an injury.
An example of this is leaving a cable lying across the floor which you then trip over. If you failed to concentrate on what you were doing or think about the potential dangers in doing so then it is your fault and no-one else’s.
But if you trip over a cable which has been put there by someone else who did not mention it to you or anyone else then that is a different matter.
That is classed as negligence.
This is defined as an action which will cause an injury to another person unless measures are put in place to prevent this from happening.
It means being aware of the consequences of your actions on not only you but everyone else.
An example of this is an employer who runs a business which in which employees are engaged in potentially dangerous tasks. This employer has a responsibility to these employers to warn them about these dangers and to provide suitable protection.
He or she can foresee what may happen and so will take steps to reduce the risk of an accident or injury.
Not doing so means that they have inadvertently placed their employees at risk and failed in their duty of care to them.
What this means is that we all have a duty of care to ourselves and others.
If you are in a position whereby what you do impacts upon others then you need to stop and think about the potential risks and what you can do to reduce these.
It is reasonable to expect people to take some responsibility for their actions, for example, remembering to wear a seat belt if travelling by coach but if there are no seat belts provided or the existing ones are defective then the fault lies with the coach company and not the individual.
If you have sustained an injury which was not your fault and may be attributed to someone else’s negligence then consider a claim for compensation.
You need to make a decision about whether to pursue a claim or make a complaint. There is a difference between the two.
Personal Injury Guide
- Guide to Personal Injury
- What is personal injury?
- Types of personal injury
- Accident or negligence?
- Decisions about personal injury
- Complaint about personal injury
- Making a claim for compensation
- Personal injury claim process
- Taking legal action
- Personal injury lawyer
- Choosing a solicitor
- Legal costs for a personal injury
- No win no fee
- Compensation payout
- Using a claims assessor
- Criminal injuries compensation authority
- Criminal compensation order
- Specialist compensation
- Financial problems from personal injury
- Support and counselling for personal injury
- What is compensation culture?
- Personal injury fact and fiction
- Personal injury FAQs
- Accidents and illness abroad
- Aeroplane accidents and illness claims
- Assaults claims
- Hijacking claims
- Car accidents abroad claims
- Coach accidents abroad claims
- Cruise ship accidents and illness abroad
- Cycling accidents abroad claims
- Holiday accidents and illness claims
- Illness abroad claims
- Motorbike accidents abroad claims
- Skiing accidents abroad claims
- Spinal injuries abroad claims
- Sports injuries abroad claims
- Brain and spinal cord injuries
- Brain injuries in children claims
- Head and brain injuries claims
- Spinal cord injuries claims
- Crime and abuse
- Child abuse claims
- Criminal injuries claims
- Elderly abuse claims
- Reports against the police claims
- Terrorism claims
- Faulty products
- Industrial diseases
- Asbestosis claims
- Industrial deafness claims
- Lung cancer claims
- Mesothelioma claims
- Pleural thickening claims
- Pleural plaques claims
- Respiratory illness claims
- Medical negligence
- Accident and emergency claims
- Cancer claims
- Community health problem claims
- Dental claims
- Eye surgery claims
- Fatalities and inquests claims
- Faulty medical product claims
- Faulty medicine claims
- Female health claims
- General medical claims
- GP claims
- Hospital acquired infection claims
- Male health claims
- Mental health claims
- Nursing home claims
- Surgery claims
- Gym and fitness centre accident claims
- Accidents in a public place claims
- Burns, scalds and laceration claims
- Children’s accident claims
- Claims against local authority
- Dog attack claims
- Environmental health and pollutant claims
- Falls claims
- Festival and concert accident claims
- Horse riding injuries claims
- Military & territorial army injuries claims
- Outdoor/adventure accident claims
- Post traumatic stress disorder claims
- Shopping centre & supermarket accident claims
- Theme park accident claims
- Road accidents
- Coach accident claims
- Cycling accident claims
- Fatal accident claims
- Motorbike accident claims
- Pedestrian accident claims
- Road traffic accident claims
- Uninsured accident claims
- Whiplash injuries claims
- Serious injuries
- Amputation claims
- Fractures claims
- Loss of eyesight claims
- Sports injuries
- Faulty equipment claims
- Inadequate supervision claims
- Incorrect coaching claims
- Reckless conduct claims
- Unsafe sporting facility accident claims
- Air accident claims
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- Sea accident claims
- Work accidents and illness
- Arthritis claims
- Back injuries claims
- Broken bones claims
- Burns and scalds claims
- Bursitis claims
- Carpal tunnel syndrome claims
- Construction industry accidents claims
- Faulty work equipment claims
- Falls from a height claims
- Fatigue claims
- Head injuries claims
- Hearing loss claims
- Hit by falling objects claims
- Inadequate training and protection claims
- Industrial accident claims
- Manual handling claims
- Neck injuries
- Occupational asthma claims
- Psychological trauma claims
- Repetitive strain injury claims
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- Employer responsibility
- Skin conditions claims
- Slips and trips claims
- Soft tissue injuries claims
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- Stress claims
- Tendon injuries claims
- Tinnitus claims
- Vibration white finger claims
- Welding accident and illness claims
- Workplace amputation claims