Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Negligence definition

What does Negligence mean? In legal practice, negligence describes a failure to take reasonable care that results in foreseeable harm or loss. It is proved by establishing: (i) a duty of care, (ii) breach of that duty measured against the objective standard of a reasonable person, (iii) causation (factual “but for” cause and legal scope/remoteness), and (iv) recoverable damage. The concept is defined and developed by case law. A classic formulation is that negligence is omitting what a reasonable person would do, or doing what a prudent person would not (Blyth v Birmingham Waterworks (1856) 11 Ex Ch 781). The test is objective: the

Dependency claims under the Fatal Accidents Act 1976 (England and Wales): liability, exclusions, contributory negligence, post-death factors, standard of proof and apportionment

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

A restricted group of individuals who were, in some respect, reliant on the deceased (ie dependants) may pursue a claim under the Fatal Accidents Act 1976 (FAA 1976). See Practice Note: Law Reform Act or Fatal Accidents Act? Where a death stems from Negligence that would have entitled the injured person to seek and recover Damages, the party who would have been liable had the death not occurred remains fully liable to an action for damages, notwithstanding the death of the injured person.

When proceedings are issued for the benefit of dependants, a new cause of action arises; however, success is conditional on showing that the deceased would have recovered damages if they were still alive. Only one claim can be advanced on behalf of all dependants, collectively and together. Awards, other than for bereavement, when made, are apportioned between the relevant dependants in accordance with their respective losses, reflecting the extent of each dependency.

Circumstances in which no claim can be brought

There are circumstances in which, due to matters occurring during the deceased’s lifetime, or because of the manner in which the fatal accident happened, no dependency claim can ultimately be brought...

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Web page updated on 21/05/2026

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