negligence Flashcards
what 3 things have to be proven to win a case in negligence
- Duty of care is owned to the claimant
- There is a breach of that duty
- The claimant suffered damage
What quote came from D v S Lord Atkin
“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour”
Robinson v chief constable of west Yorkshire police
There is an established legal principle- duty of care is assumed due to their job title
What case established the 3 stage test for duty of care
Caparo v dickman
What is the caparo 3 stage test
- Foreseeablity
- Proximity
- Fair just and reasonable
Case for foreseeablity
Doughty v Turner manufacturing- asbestos lid fell into molten metal. Big explosion- not foreseeable so not liable
Case for proximity
Bounhill v young- bournhill was pregnant on a bus. Motorcyclist overtook bus, crashed and died. Bournhill walked down the road and say the dead body and has a miscarriage. Not proximate so no case
Case for fair just and reasonable
Munroe v London fire brigade- in emergencies you are only charged for acts not omissions.
What case established reasonable person test for breach
Blyth v Birmingham- did the defendants action fall below those of a reasonable person in the same circumstance
What case established the objective test
Nettleship v Weston- not up to standard of an average driver. Lord dunning- “the learner driver may be trying their best, but their incompetent best is not good enough”
What instances does the reasonable person test lower its standards
Disablitity
Age (Mullins v Richards- schoolgirls fighting. splinter in eye. Not liable) (orchard v Lee- 13 year old boy injured dinner lady. “Careless to a very high degree” not liable)
When is there a higher standard of work
Professional practices (bolam v friern hospital management committee- following standards laid out by practice so not liable) (wells v cooper- carpenter. Injured the claimant. Doesnt have to be perfect, not liable
Factors to consider whether the defendants conduct was reasonable
Likelihood on injury, cost of precaution, potential seriousness of injury, importance of activity
Case for likelihood of injury
Bolton v stone- more risk=more care. Cricket ball hit over 17 foot fence. So unforeseeable not liable
Case for cost of precaution
Latimer v AEC- company flooded. Cleaned up as well as they could. Claimant slipped. Not liable as done everything liable
Case for potential seriousness of injury
Paris v stepney- one eyed workman. Under vehicles for the council. Not gave him goggles. Became blind. Liable
Case for seriousness of injury
Watt v Hertfordshire- fireman injured by heavy Jack. In emergency, its not a breach
What needed to be proven to prove damage
Legal and factual causation
Case to prove type of loss has to be foreseeable
Wagonmound- oil damage to the ship but fire damage was not foreseeable so not liable.
Case for the Thin skull test
Smith v leechbrain- splashed molten metal onto his lip. Minor burns. Dormant cancer on lip and died. Liable
Hughes v lord advocate
2 boys went down an open manhole left unattended with a paraffin lamp. Big explosion happened. Burns were expected from the paraffin lamp but not explosion so the boys could successfully sue.
Doughty v Turner manufacturing
Asbestos lid knocked into molten metal. New chemical reaction. Not foreseeable. So not liable
What is factual causation
But for test
Barnett v Chelsea hospital management committee
Husband was vomiting, went to hospital, told him to go to his GP. Died from arsenic poisoning. Wouldve died anyways so not liable.
Scott v Shephard
Threw a lit fightwork into a marker hall. Threw around until he blew up in claimants face. Each stallholders was foreseeable. So held liable.
Duty of care in Medical negligence
Robinson v CC of west yorkshire police- established legal principal
Breach in medical negligence
Wilsher v Essex area health authority- junior doctor lack of experience was not taken into account
Bolam v friern hospital management committee- with a practice accepted as proper by a responsible body of medical men.
Bolitho v city and hackney health authority- a doctor could be held liable even if following practices laid down.
Damages of medical negligence
Bailey v MOD and Portsmouth NHS trust- MOD hospital, then transferred to an NHS hospital. She then suffered a heart attack. MOD weakened her heart so MOD was held liable
Types of defences
.Contributory negligence (sayers v harlow DC- locked in a bus garage toilet so tried to climb out and fell, she was 25% liable for her actions) (revill v newberry- defendant shot burglar from trying to steal his shed. Burglar contributed to the negligence.) (Yachuk v Oliver- 9 year old bought gasoline and burnt self. Company negligent for selling gasoline. Contributory negligence failed as how would the 9 year old know.)
.volenti non fit injuria (Sylvester v Chapman- a cigarette was in a leopard cage. No immediate damage. Man jumped into cage and got mauled by the leopard.) (Wooldridge v Sumner- sporting event had voluntarily assumed the risk of harm caused by the players.) (Smoldon v whitworth- the scrum collapsed and boys were injured- volenti failed, the referee was sued.)
.volenti and rescuers (Haynes v Harwood- horses bolted down a busy street. Of duty police officer stopped the horse. Injured himself. No consent, no choice. Horse owner was liable)
.act of god (Nichols v marshland- ornamental lakes flooded in most violent thunderstorm in living history. Swept away 4 bridges. Not liable)
.necessity (cope v sharp- fire broke out. Destroyed vegetation to prevent fire spreading. Not liable as necessary)
.inevitable accident (Stanley v Powell- bullet ricocheted off tree and shot man. Not liable)
