In Quebec, all professionals are liable for acts performed in the exercise of their activity and are likely to create damages that may, under certain conditions, engage their professional liability and give rise to sanctions. These are damages resulting from errors, faults, negligence, or omissions committed during professional acts performed by the company. But what are the limits of professional liability?
Professional liability may be incurred whenever damage has been caused during a business activity, and in particular when:
Victims are entitled to claim compensation for the harm they have suffered.
Thus, a company's professional civil liability cannot be invoked in any of the following cases:
A fault is a wrongful action or omission, defined as contrary to what a reasonable person would have done in the same circumstances, in other words, a person acting prudently and diligently.
In each case, the notion of a reasonable person is assessed according to professional circumstances (for example, in the case of an injured person, a person without medical competence is not expected to behave in the same way as a doctor).
The victim of the damage must prove that the company's representative did not act in the same way as a prudent and reasonable person would have done.
On the other hand, the company must demonstrate that, in the same situation, a reasonable person would have acted in the same way.
Testimony may be taken to establish or refute fault.
The law provides that an employer who asks an employee to perform a task on his or her behalf may be held liable for damages if the employee is at fault for performing the task. The person responsible is thus held liable for the incident and the damage caused, even if he or she has not committed any fault, although this does not mean that the employee's liability disappears.
In short, three conditions must be met to establish the employer's liability:
However, the employer may be relieved of liability if he can prove:
No one is immune from an error, fault, negligence, or omission committed by himself or an employee in the performance of his duties. To protect themselves from the consequences of a claim, which can lead to insolvency, and with the increasing number of disputes, a growing number of professionals are deciding to take out professional liability insurancee, even if this is not compulsory for many activities.