Tradespersons and Service Providers

These claims are subject to the Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002.

Firms providing professional, trade or other services owe a duty to ensure that their services are provided with reasonable skill and that (if they are performed in connection with premises) that the premises are left in a safe condition.

To recover damages, the general principles apply and you must prove:

• The nature of the duty owed.
• Breach of that duty.
• The injury complained of has been caused by that breach.

Where an electrician leaves wiring exposed and a person is electrocuted as a result, the electrical firm will therefore usually be liable in damages.

Usually in these types of cases a safety consultant is required to be engaged to determine the exact fault which gave rise to the injury and to prepare a detailed report with a view to giving evidence in Court.

The safety consultant can examine the relevant standards and determine to what extent the performance of the service fell below the required standard and to what extent that failure contributed to the injury.

In the case of some services eg electrical contracting, government agencies are sometimes required to investigate injuries and prepare reports as to how the injury occurred. These can usually be accessed by freedom of information (FOI).

In addition to negligence, services provider corporations (companies) owe to consumers implied contractual duties to provide services which are:

• Reasonably fit for the purpose for which they are provided
• Rendered will due care and skill.