Service Businesses and Service Providers:

The provision of professional services is usually sought by an individual who needs to have a particular job done to an expert level. For example, an individual may be able to do some minor building or construction work, paint a wall or conduct minor repairs on property himself, install a machine at work or at home, or setup software on a computer network, but that person may wish to reply on the expert skills and knowledge of a service provider to do the job right.

Service businesses and service providers will therefore have a high degree of trust placed in them as a person retains them to complete some task to a higher standard than that person could discharge himself. This reliance on expertise puts the service provider in the position of a professional to which a higher than ordinary standard of care will be expected by the public. A failure to satisfy this higher standard of professional conduct may ground a claim in professional negligence. Depending on the nature of the service being provided, the professional standard and the duty of care may be higher or lower. There are many variables in these cases and unfortunately there is no ‘one size fits all’ solution to dealing with complaints and allegations of professional negligence against service providers.

Because of the risks involved and the seriousness of the allegation of professional negligence of a service provider, a claim in professional negligence is not easy to prove. A negligence solicitor will need to investigate in detail all the facts and evidence surrounding the claim and then apply the law of negligence, as it stood at the time of the alleged breach of the duty of care, before forming a preliminary view as to the likelihood of the claim’s success. This will be the case whether the negligence solicitor is acting for the aggrieved party or the school itself. A similar process will be involved in preparing a claim and forming a defence against an allegation.

The service provider may have insurance, depending on the industry and its requirements. For the service provider being sued in negligence, it is important to have a negligence lawyer consider the insurance policy’s exclusion clauses to see whether or not the insurance company may seek to avoid payment due to a purported exclusion. The outcome of this process can have significant and serious consequences on the ability of the sued party’s ability to defend itself and continue trading. For this reason, seeking the assistance of a negligence lawyer for service providers may be invaluable. The negligence solicitor will be able to provide a detailed legal advice for the service business before any steps are taken to deal with a complaint.

If you require assistance with a negligence claim involving a service business or service provider, you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to speak to one of our solicitors.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.