Perhaps no word is used more frequently in liability claims than negligence.
Claimants often allege that someone was negligent. Insured parties may deny negligence. Witnesses sometimes express strong opinions about who they believe was at fault. Even before an investigation begins, assumptions are often made about what “must have happened.”
When people hear the phrase “law of delict,” they often imagine complicated legal arguments or courtroom proceedings. In reality, the fundamental principles of delict provide a practical framework that guides the investigation of many liability claims.
As liability investigators, we are not responsible for deciding legal disputes. Our role is to establish the facts objectively, preserve evidence, analyse the circumstances surrounding an incident and provide insurers with an independent report that assists them in evaluating liability.
When an accident occurs, one of the first questions people often ask is, “Who is liable?”
Whether it involves a fire spreading between neighbouring farms, a customer slipping in a shopping centre, damage caused by a contractor, or livestock escaping onto a public road, determining liability is rarely as simple as identifying who suffered the loss.
