Duty of Care - Liability for Public Bodies Flashcards
What is a public body?
a state funded organisation e.g. local authorities, emergency services, teachers and armed forces
Is a university a public body?
No - although they are shifting towards working like a public body they are private organisations
When is a duty of care owed by a public body?
A duty is unquestionably owed when a public body, by direct and positive negligent action, cause property damage or personal injury.
Capital & Counties plc v Hampshire County Council
Fireman owed a duty of care when they turned the sprinklers off making the fire worse. This was a positive act.
Why is the duty owed by the ambulance service different to fire services and the police?
Ambulances have a duty to of care to individuals because they are an extension of the NHS. Police and fire service only have a duty to society at large.
Kent v Griffiths
It took the ambulance service 38 minutes to respond to a call and the woman subsequently lost her baby. They sought to rely on capital because there was no positive act. This failed, they have a more substantial duty because they are an extension of the NHS
When do the police owe a duty of care?
If the police carried out operational negligence opposed to a justified policy decision
Rigby v Chief Constable of Northampton
Police used CS gas to drive out a burglar which resulted in a fire, this was reasonably foreseeable. This was policy driven. Not bringing equipment to put out the fire was operational negligence thus they owed a duty of care.
Hill v West Yorkshire Police
Following the release of a suspected murderer, he killed C’s daughter. C argued this was negligent. Court said the police didn’t owe a duty because of the lack of proximity between D and C. And the police do not owe a duty to individuals.
They listed several reasons why judges should be hesitant to impose a duty on the police:
1) encourage defensive practices in the police
2) divert resources away from the police if they had to do such claims
Smith v Chief Constable of Sussex Police
C had informed the police many times that his boyfriend was abusive. He later made a claim in negligence following serious injuries. The court held no duty was owed and relied on Hill.
Decision was 3:2
Why are the judiciary hesitant to hold public bodies liable?
- uphold parliamentary sovereignty and the separation of powers
- Public bodies are paid by tax payers, more claims = more of their money on this and compensation
- Defensive practices
- Floodgate argument
`Robinson v CC of West Yorkshire
The police did not owe a duty to a woman who was knocked down while police were arresting a drug dealer (policy matter)
Who do the police and fire service owe a duty of care too?
Society as a whole, not individuals
