Negligence Breach of Duty (Risk Factors)

Question 1

what are risk factors?

Answer 1

court considers risk factors that may raise or lower the standard of care.
‘would the reasonable person take more or fewer risks in the same situation?’

Question 2

4 risk factors

Answer 2

does the claimant have special characteristics?
what is the size of the risk?
have all precautions been taken?
is there a public benefit to taking the risk?

Question 3

Paris v Stepney Borough Council (special characteristic- may breach the duty of care)

Answer 3

facts:
held:

Question 4

Bolton v Stone (small size of risk- where a risk is small it is unlikely that there has been a breach of duty)

Answer 4

facts: cricket ball hit someone in the street outside a cricket ground. there was a 17-foot-high fence and cricket balls had only escaped 6 times in 30 years previously.

held: the risk was so low that there was no breach of duty

principle: the higher the risk of injury, the greater precautions need to be taken. The lower the risk, the fewer precautions.

Question 5

Haley v London Electricity Board (high size of risk- likely to be breach of duty)

Answer 5

facts: employees of the defendant were conducting repairs in the road with statutory authority. they left a spanner in the road and a blind person tripped on it and was injured
held: D was in breach of duty. it was foreseeable that a blind person might walk down the street. they should be given appropriate protection.

Question 6

Latimer v AEC Ltd (appropriate precautions- court considers balance of risk involved against the cost and effort of taking adequate precautions to eliminate risk)

Answer 6

facts: The defendant’s had put up warning signs mopped up and placed sawdust in the most used places to make it as safe as possible.

held: there was a breach of duty as the defendants should have closed the factory if it was unsafe.

Question 7

Roe v Minister of Health (unknown risk- theres no breach if the risk is unknown)

Answer 7

facts: May Donoghue drank ginger beer containing a decomposed snail. She sued the manufacturer, arguing negligence.
held: manufacturers owe a duty of care to consumers.

Question 8

Watt v Hertfordshire County Council (public benefit- courts allow greater risks to be taken in an emergency)

Answer 8

facts: Michael Watt suffered abuse while under Hertfordshire County Council’s care.
held: local authorities owe a duty of care to children in their care.