Duty of Care Flashcards
Caparo v Diskman
1) Was the class of damage to the claimant reasonably foreseeable?
2) Was there a relationship of proximity between the defendant and claimant?
3) Is it fair, just and reasonable to impose a duty?
Watson v British Boxing Board
Boxer claimed that medical attention should have been available ringside - upheld due to likelihood of injury and magnitude of potential harm
Donoghue v Stevenson
Duty of care exists between manufacturers and consumer
Nettleship v Weston
Duty of care exists between road users, pedestrians and passengers
Cassidy v Ministry of Health
All medical staff owe a duty of care to their patients
Bull v Devon HA
Hospitals owe a duty of care to each patient
Wilson and Clyde Coal v English
Employers owe a duty of care to their employees
Hall v Simons
Lawyers do not have immunity from negligence claims
Hunter v CC West Midlands
Claimants should appeal criminal convictions rather than sue the lawyer
Jones v Kaney
No immunity of expert witnesses from suit
Kent v Griffiths
Ambulance services owe a duty to patients when a call is accepted
Can be excluded for decisions to attend to more pressing emergency/policy issues
Capital Counties v Hampshire
Fire service under no duty to respond
Church of Jesus Christ and the Latter-Day Saints v West Yorkshire Fire and Civil Defence Authority
No duty owed by fire department unless actively make situation worse than had they not attended
Did not have enough water in hydrants - still no duty
Rigby v CC Northamptonshire
Distinction between policy and operational claims for police
Police officer negligently fired CS gas into claimant’s shop without checking risk of fire
Hill v CC West Yorkshire
Police do not owe a duty regarding actions of criminals, unless a member of the public is in danger above and beyond the rest of the public
Alexandrou v Oxford
Police owe no duty to respond to calls (burglar alarm)
Leach v CC Gloucestershire
Claimant left traumatised after sitting in on interrogation of criminal - no proximate relationship between her and the police
Swinney v CC Northumbria
Witness encouraged to give evidence which was stolen from police care
Duty upheld between informant and police
An Informer v A Chief Constable
Duty between police and informant for personal injury only, not PEL
Reeves v Metropolitan Police
Police found to have a duty of care to a mentally ill prisoner who committed suicide whilst in custody (high degree of control)
Costello v CC Northumbria
Claimant was attacked by prisoner while colleagues were outside - duty of care owed
Osman v Ferguson
Police only have a duty to a potential victim if they knew or ought reasonably to have known that they were at real and immediate risk over and above the rest of the public
Stovin v Wise
No duty owed by local authorities when driver was injured due to overhanging bank of earth obstructing his view
Reluctance to impose liability since taxpayers will foot the bill
Carmarthenshire CC v Lewis
Duty owed when proximate relationship established/care and control of school children which contributed to road accident
X v Bedfordshire CC
No duty owed by local authority to children over abuse claims - high degree of discretion required
Claims regarded special education provisions were allowed
W v Essex CC
Duty owed by local authority to foster parents after boy in their care abused their daughter - had made assurances they had failed to meet
Mulcahy v MoD
No duty of care between soldiers engaged in battle conditions
Smith v MoD
Doctrine of combat construed narrowly
Haynes v Harwood
Policeman injured himself in attempting to recapture an escapee horse - did not owe a duty to anyone he injured in effecting the rescue
Duty owed by the creator of the danger
Cutler v United Dairies
Claimant injured in recapturing an escapee horse that had come to rest - not effecting a rescue, therefore no duty owed
Smith v Littlewoods
No general duty to act
Duty to act if defendant knows of danger on their premises created by third party
Stansbie v Troman
Duty to act if the defendant creates a dangerous situation - defendant (painter) left the front door open
Duty to act if contractual relationship between claimant and defendant
Barrett v MoD
Duty to act if pre-existing relationship and defendant assumes responsibility for claimant
Home Office v Dorset Yacht Co
Duty to act if the defendant has care and control over the third party that caused the loss
