Negligence Flashcards
Kent v Griffiths
An ambulance failed to respond to 3 calls made by a doctor the baby died
Doughty v Turner Manufacturing
Doughty put asbestos lid in molten liquid a
new chemical reaction so unforeseeable
Bourhill v Young
Mrs Bourhill was pregnant and on a bus. Young a motorcyclist, dangerously over took bus, crashed and died. Mrs B got off bus and walked down road, saw incident and had miscarriage. She sued and failed as not proximate or timely.
Munroe v London Fire Brigade
Fire fighters failed to check neighbouring premises with burning debris present. They did not owe DOC for this as Emergency Services not held liable for omissions. Not fair just and reasonable to hold him liable
What test did Blyth v Birmingham introduce to test the standard a person upheld?
Introduced ‘reasonable persons’ test to see if defendants actions fall bellow those of a reasonable person in the circumstances.
Nettleship v Weston
Learner driver on their third lesson, broke drivers knee caps, not up to standard of qualified driver. She was measured against qualified drivers.
What did Bolam v Friern HMC state can make a medical professional not liable?
If they have followed the standards laid out by a professional body to a competent standard
Wells v Cooper
Defendant a carpenter - fixed a door handle. Later it came away and injured the claimant. Work was in line with average carpenter so not liable.
Bolton v Stone
Cricket ball, 17 foot fence, hit 78 yards, cleared fence 6 times in 30 years, not liable. No breach as ball only goes out every 5 years so degree of risk low.
Latimer v AEC
Defendant company flooded, took many steps to ensure safety but did not close the factory as cost would be huge. Claimant slipped on floor. No breach - not liable.
Paris v Stepney
Claimant was a 1 eyed workman. Under vehicle doing soldering work - requested goggles - not provided - lost sight in remaining eye so blind. Clearly a risk of serious injury so a breach and liable.
Watt v Hertfordshire
A fireman was injured by a heavy jack which was not secured. It’s was an emergency, normally breach but given the setting being emergency there was no breach.
Wagon Mound
The defendants ship, ‘The Wagon Mound’, negligently released oil into the sea. The oil became mixed with cotten debris, it was ignited by sparks coming off a nearby welder. Oil damage was foreseeable but not fire damage.
Smith v Leech Brain
Claimants husband splashed by molten liquid at work. Caused him to die as started dormant cancer. Company held liable even though not foreseeable - thin skull rule.
Hughes v Lord Advocate
2 boys went into well with paraffin lamp. There was explosion. The boys where burnt. Explosion not foreseeable but burns are foreseeable so boys successfully sued.
Barnett v Chelsea Hospital Comittee
Husband vomiting, went to hospital, told to visit GP. He soon died from arsenic poisoning. Hospital owed duty of care but he would have died anyway. Hospital not liable.
Scott v Shepherd
D threw lighted fire work into market hall. Stall holders threw from stall to stall until exploded in claimants face. Stall holders action foreseeable so didn’t break chain of causation so D held liable.
What did Bolitho v City and Hackney Health Authority state about professional advice?
Check if professional advice is wrong, if wrong then the worker is liable. (Professional advice is normal “wrong” if another country uses a better technique)
Bailey v Portsmouth NHS Trust & MOD (Ministry of Defence)
Claimant treated in MOD hospital then transferred to NHS hospital. Then suffered heart attack. Poor treatment from MOD hospital had MATERIALLY weakened her and contributed to heart attack. MOD hospital held liable.
Sayers v Harlow District Council
Mrs S stuck in bus garage toilet, tried to climb out but fell and injured self. Judge said should have waited and shouted for help. S was 25% liable for injuries, damages reduced by 25%.
Revil v Newberry
Claimant entered D’s land intending to steal from shed. D accidentally shot C. The would be burglar was partly to blame for negligence
Yachuk v Oliver
9 year old boy bought gasoline and burnt himself. Company negligent to let him purchase. Tried to use contributory negligence as a defence but failed as boy doesn’t understand danger.
Donoghue v Stevenson
Mrs D successfully sued having found a decomposed snail in ginger beer. Established three points to prove negligence.
Robinson v Chief of West Yorkshire Police
2 police officers knocked over and injured 78 yr old bystander, whilst trying to arrest a drug dealer. ‘ Established legal principle’, it is established they owe a duty of care.
What three points did Caparo v Dickman state needed to be satisfied for something to be reasonably foreseeable?
Must be foreseeable, proximate, and fair just and reasonable
Sylvester v Chapman
Smouldering cigarette in leopards cage, no immediate danger . Man jumped in to pit in and got mauled. Held he consented as not emergency.
Woolridge v Summer
Voluntarily assumed the risk of harm at sports game as long as players aren’t reckless.
Smolden v Whitworth
Where rules are not kept to violenti can’t be used. Scrums not to collapse, scrum collapsed boy injured referee sued
Haynes v Harwood
Horses bolted down busy street. Off duty police officer stopped them but injured himself. Volenti failed as an emergency
Cutler v United Dairies
Horse bolted in a field. Claimant injured trying to recapture. No emergency volenti as no danger.
Nicholas v Marsland
Defendants lakes flooded during most violent thunderstorm in memory. Swept 4 bridges away on claimants land but D not liable as act of god
Cope v Sharp
Fire broke out so D destroyed vegetation to prevent fire from spreading. Necessary, stopped greater evil
Stanley v Powell
Bullet ricocheted of tree and shot man not liable as inevitable accident. Precautions taken
Orchard v Lee
Child ran into mid day supervisor and injured them. Child judged against child not adult so not liable as meets avg child
