| Abstrakt: |
Under Spanish law, harm may be reparable if it is negligently caused. Consequently, it is essential to define the idea of negligence or fault. Very often, legal scholars provide a definition through a gradual approach: (i) first, "fault" is explained as a deviation from the standards of conduct of a reasonable man; (ii) if harm is caused by a professional, his/her fault is based on a breach of lex artis; and (iii) finally, if the specific sector where the accident occurs is subject to administrative regulations which are thereby breached, this in itself shall presume that fault exists (if, as explained below, the purpose of the infringed law coincides). [ABSTRACT FROM AUTHOR] |
