Established duty of care Flashcards
A school/teacher will owe a duty of care to their pupils, for their physical welfare and educational needs.
Carmarthenshire CC v Lewis - a nursery school “certainly owes a duty to the child to protect him from injury”.
X v Bedfordshire CC - in relation to older pupils.
Except where a third party does the harm to the pupils in which case the duty of care is a novel, not recognised scenario - Webster v Ridgeway Foundation School.
Road users owe a duty of care to other road users.
The Highway Code
Nettleship v Weston - a duty of care owed by one road user to another was “clear”.
Scott v Gavigan - pedestrian was found wholly responsible for an accident.
Transport operators to their passengers.
Silverlink Trains Ltd v Collins-Williamson - duty uncontentious
Fernquest v City of Swansea - bus companies owe duty of care to their passengers, but not once they have alighted at their stop.
Healthcare practitioners owe a duty of care towards their patients.
Sidaway v Bethlem Royal Hosp. Governors - a doctor owes a duty to his patients, which is a “single comprehensive duty covering all the ways in which a doctor is called on to exercise his skill and judgment in the improvement of the physical or mental condition of the patient”.
Jailers/custodians owe a duty of care towards their prisoners.
Ellis v Home Office - “the duty on those responsible for one of Her Majesty’s prisons is to take reasonable care for the safety of those within, and that includes those who are within against their wish”.
