Duty of Care: Recognised Categories (Emergency Services)

Question 1

Capital Counties plc v Hampshire County Council

Answer 1

Facts? Alleged negligence due to dire-fighter ordering that sprinkler system be ruined off. Principle? Fire brigade’s attendance at the scene itself does not give rise to requisite degree of proximity. Fire brigade under no duty to attend fires in first place. BUT they do owe a duty of care not to make things worse if they DO attend. If they make it worse through positive act, claim might succeed.

Question 2

Alexandrou v Oxford

Answer 2

Principle? Police has no duty to respond in emergency.

Question 3

OLL Ltd v SoS for the Home Department

Answer 3

Principle? Coastguard does not owe a duty of care to the public unless activities led to GREATER injury to claimant than if they had not been involved.

Question 4

Kent v Griffiths

Answer 4

Principle? Acceptance of a 999 call establishes a duty of care to respond within reasonable time. Acceptance of call establishes proximity between parties. NOTE: DOC might not have been breached where service exercised discretion to deal with more pressing emergency first.