Professional negligence: Cause for concern
Causation is crucial in professional negligence cases. Proving that a defendant has been negligent is not enough; neither is proving that the claimant has suffered a loss. In order to succeed, a claimant must also prove that the defendant's negligence caused the claimant's loss.Causation is, however, a malleable construct. Every event has a thousand causes and we only see the ones we want to see. So, I ask myself: why do I succeed? And the answer is: because I am hugely talented. Why do I fail? Well, that's because of a whole host of extraneous factors completely outside my control. Think Gordon Brown and the economy.We see what we want to see. So it is natural that a claimant sees what it wants to see. The claimant has suffered a loss. The defendant is negligent. The latter must have caused the former. The logic flows like a river to the sea. It is equally natural when a defendant disagrees.
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