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Not every bad outcome means a professional was negligent—but when a lawyer, accountant, realtor, or other professional fails to meet the standard expected in their field, you may have a legal claim. Professional negligence cases can be complex, often requiring expert evidence to determine whether a professional breached their duty of care and caused financial harm. In this article, we explain what professional negligence is, the elements required to prove a claim, and the warning signs that may indicate it’s time to seek legal advice.
At law, there are many situations where a person owes another person – or group of people – a duty of care. Drivers are expected to follow the rules of the road and drive safely not just because it’s the law, but because failing to do so puts other drivers and pedestrians at risk. Grocery stores are expected to warn customers of wet floors and make sure that heavy items aren’t going to fall off shelves. Restaurants are expected to maintain proper health and food safety standards when cooking food. If someone fails to meet such a standard and someone is harmed as a result, that can be the basis for a claim in negligence.
This duty of care extends to professionals, as well. Accountants, lawyers, realtors, and other trained professions have a duty to their clients to act with reasonable care in their profession.
To succeed in any claim of negligence, you must demonstrate four things:
- That you suffered harm as a result of that breach.
- That the other party owed you a duty of care;
- What the “standard” of that duty of care was;
- That the other party breached that “standard”; and
What is Professional Negligence?
Professional negligence is, at its core, is the same as any other negligence claim. The main difference is determining the “standard of care” expected of a professional. A professional will have an obligation to have acted as a reasonably competent professional, in the field, at the relevant time.
In some situations, the standard of care is obvious: a driver is expected to follow the rules of the road and be aware of their surroundings. But what constitutes a “reasonably competent accountant” or a “reasonably competent lawyer” is not immediately clear. So, the question is:
How do I know if I have a claim?
Unfortunately, a “common sense” approach often isn’t useful in professional negligence claims. Professionals have a high standard to meet, but they also work in complex fields with many moving pieces. Sometimes a deal falls through, a case is lost, or a loss arises because of the underlying situation through no fault of the professional, even if it seems like something could have been done. How do you tell when it’s negligence compared to bad luck?
As a starting point, most professions have a governing body – such as the Law Society of British Columbia or the BC Financial Services Authority. These bodies will usually have a list of guidelines or rules that members of the profession are expected to adhere to. If there is an obvious violation of one of these rules, that is a good indication that you may have a claim.
Sometimes, however, the potential negligence is more subtle and not a clear violation of a rule. In those circumstances, expert evidence may be needed. Another respected member of that profession can be hired to provide insight and opinion on whether there was a breach of that standard.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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