Negligence case studies Flashcards
Basis of Neighbour Principle
Donoghue v Stevenson 1932 AC 562
Remote damage - successful
Sharp V Avery and Kerwood - guide motorcyclist causing injury to pillion
Widening duty of care to include warning of risk
Rogers V Whitaker - blind in one eye became blind in both, case succeeded on the grounds that the doctor did not warn her of all the risks associated with the surgery
Further example of failure to warn
Chapel v Hart - voice failed to warn of the risk of infection + perforation
Wrongful Birth
Cattanach v Melchior - sued for damages for both the cost of pregnancy and the costs of bringing up an unplanned child - doctor failed to sufficiently ensure she was infertile - won case but an act was passed shortly afterwards to ensure doctor wouldn’t have to pay the costs of rearing children
Wrongful Life
Harriton v Stephens - Ruebella not diagnosed by doctor due to lack of tests led to severely disabled child who sued for the doctors failure to call for the tests which would have led to her termination - court found it was impossible to compare a life with disabilities with non-existence (case failed as damages couldn’t be proven)
Spouse nervous shock
Jaensch v Coffey - spouse of an accident victim suffered nervous shock due to the accident - d was liable
Foetus care owed
Watt v Roma - duty of care owed to foetus of a pregnant car crash victim by the driver whose negligence caused the crash
Too remote damage
Bourhill v Young - women suffered nervous and subsequent miscarriage after hearing the noise of a collision 15m away
Duty of care owed to rescuer
Chapman v Hearse - held it was reasonably foreseeable that the negligent conduct which led to the initial accident could lead to a rescue effort and the subsequent injury of the rescuer
Characteristics of D were taken into account in guilt
McHale v Watson - age of D (juvenile) Adamson v MV Ins Trust - insanity
