ABSTRACT

Negligence is very much 'judge-made' law and more negligence is used as the basis for compensation claims against companies. The principles of negligence spread to accidents at work, and on the roads, to consumer protection cases, to medical and professional negligence. If someone is negligent but that negligence causes no damage then there is no liability. However many other people may also fall into the category of employees for the purposes of negligence liability. Liability in negligence is usually only for physical damage or injury plus its consequences, both physical and economic. Normally there is no liability in negligence for causing economic harm unless at the same time we have caused physical injury or damage. German law defines negligence as a failure to use the requisite standard of care in dealing with others. The obviously reduces the vicarious liability of the employer under German law, especially for a fraudulent employee, but the position regarding damage caused by a negligent employee.