Negligence isn’t always dramatic. It can be a poorly maintained walkway, a careless driver, or even a professional mistake. In Singapore, if someone’s carelessness causes you harm, there’s a legal route you can take. Under the Negligence Act in Singapore, you may be able to claim compensation.
But before you head to Court, it’s important to understand how negligence law in Singapore works, what you’ll need to prove, and how lawyers can help.
Let’s break this down clearly and simply.
What Is Negligence In Singapore?
When a negligence claim reaches the Court in Singapore, the Judge doesn’t just take one person’s word over another. There is a clear and structured process that the Court follows to determine whether negligence has occurred under Singapore law’s negligence principles.
1. Establishing Duty Of Care
The first question the Court asks is whether the defendant owed the claimant a duty of care. In simpler terms, was there a legal expectation for the defendant to act responsibly in the situation? This depends on the relationship between the parties and the context of the incident.
For example:
- A driver owes a duty of care to other road users.
- An employer owes a duty to provide a safe working environment.
- A doctor owes a duty to their patient to follow accepted medical standards.
If no duty of care is owed, the claim usually ends there.
2. Proving A Breach Of That Duty
Once a duty is established, the next step is to assess whether the defendant breached that duty. This involves asking: did the person act in a way that falls below what a reasonable person would have done in the same situation?
The standard is not perfection. It’s about what’s reasonable. For example:
- A supermarket failing to clean a wet floor quickly may be considered careless.
- A doctor missing an obvious diagnosis that most professionals would catch could be a breach.
The Court may refer to industry guidelines, expert opinions, or prior case law to help determine what’s considered reasonable behaviour.
3. Causation And Harm
It’s not enough to prove someone was careless. You also need to show that the carelessness caused the harm or loss. This is called causation.
There are two parts to this:
- Factual Causation: Did the breach directly lead to the harm? For instance, would the injury have happened but for the person’s actions?
- Legal Causation: Even if factually caused, was the harm foreseeable and not too remote from the breach?
Let’s say a driver runs a red light and causes a chain reaction. If you were injured in the resulting pile-up, there needs to be a direct connection between that driver’s negligence and your injuries.
4. Considering Contributory Negligence
In some cases, the Court may find that the injured person was also partly responsible. This is called contributory negligence, and it can reduce the amount of compensation awarded.
For example:
- If a cyclist is hit by a speeding car but wasn’t wearing a helmet, the Court might apportion some fault to the cyclist.
- If a pedestrian crosses outside of a crosswalk and gets struck, they may be found partially to blame.
Common Examples Of Negligence
Negligence isn’t limited to just one type of situation; it can happen in daily life, in professional settings, on the road, or even within your own workplace. Here are some common real-world examples where claims have been brought to the Court.
1. Road Traffic Accidents
This is perhaps the most familiar form of negligence. Drivers in Singapore owe a duty of care to all road users—including other drivers, passengers, cyclists, and pedestrians. When a driver behaves recklessly or carelessly, it can result in serious consequences.
Examples include:
- Speeding or ignoring traffic signals
- Using a mobile phone while driving
- Failing to check blind spots when changing lanes’
2. Medical Negligence
In healthcare, trust between patients and professionals is essential. But when that trust is broken due to carelessness or substandard treatment, it may amount to medical negligence under Singapore negligence law.
Examples include:
- Misdiagnosing a condition that leads to worsened health
- Surgical errors, such as operating on the wrong site
- Prescribing the wrong medication or dosage
These cases are often complex and may require expert medical opinions, but the Courts do take them seriously, especially where lasting harm is involved.
3. Slip-And-Fall Incidents In Public Or Commercial Spaces
Property owners and business operators in Singapore have a duty to maintain safe premises. If they fail to fix or warn about hazards, and someone gets injured as a result, it could be considered negligence.
Examples include:
- Wet floors in shopping malls with no caution signs
- Uneven flooring or broken stairs in an office building
- Poorly lit car parks or walkways that lead to falls
4. Workplace Accidents
Employers are responsible for ensuring that their employees work in a safe environment. Negligence in this area can lead to both legal claims and workplace investigations.
Examples include:
- Not providing proper safety gear or training
- Ignoring known hazards or unsafe practices
- Failing to maintain machinery or equipment
5. Professional Negligence
Professionals, such as accountants, engineers, lawyers, or architects, are expected to perform their duties with a certain level of skill and care. When they make avoidable mistakes that cause financial or reputational loss, they could be held accountable.
Examples include:
- An accountant providing incorrect tax advice that leads to penalties
- An architect failing to meet safety regulations in building design
- A solicitor missing a key deadline in a legal matter
Conclusion On Suing For Negligence In Singapore
Negligence can happen anywhere—from a busy road to a hospital ward. If you’ve been hurt due to someone else’s carelessness, the Negligence Act Singapore gives you a way to seek compensation. But time matters, and preparation is key.
Whether it’s understanding your rights or taking the next legal step, Tembusu Law offers trusted guidance from the best criminal lawyers and family lawyers in Singapore.
Reach out to us today for a free consultation and get the help you deserve.
Frequently Asked Questions About Suing For Negligence In Singapore
How Much Time Do I Have To File A Negligence Claim?
You generally have three years from the date of the incident or when you first became aware of the injury. It’s best to act as soon as possible.
What Kind Of Damages Can I Claim?
You can claim compensation for medical costs, loss of income, pain and suffering, and other financial losses directly caused by the negligent act.
What If I Was Partly At Fault?
The Court may reduce your compensation if you’re found partially responsible. This is called contributory negligence and is common in traffic or workplace cases.
How Do Courts Assess Negligence?
Courts consider whether there was a duty of care, whether it was breached, and whether that breach caused actual harm or loss.
