Negligence Cases Flashcards
Pre-established duty of care - from the negligence duty of care sheet
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Robinson V CCWY
A women passer-by was injured as police attempted to arrest a drug dealer. Where the harm to the person is reasonably foreseeable then emergency services should owe a duty of care.
This applies if the victim is known to the police and it was an action of the police that lead to harm and not an omission.
This case also set the guidelines for when a duty of care will be found.
Nettleship V Weston
Driving instructor injured when pupil crashed car.
Driver has a DOC to their passengers and all road users as well.
Barnett V Chelsea
Hospital turned away a man with unknown arsenic poisoning telling him to see his GP in the morning - he died overnight. They owed him a DOC and they breached this by failing to treat him. However, they weren’t liable as he was going to die anyway.
R V Gibbons and Proctor
A criminal case but one that proves there is a DOC between parent and child. This is also contained in statute The Child and Young Persons Act 1933.
The Caparo 3 part test
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Kent V Griffiths
Ambulance was late to a 999 call with no good reason. The defendant suffered greater harm as a result. Held - the harm must be foreseeable for there to be a DOC.
Bourhill V Young
A women suffered a miscarriage when she voluntarily got off a bus and went to see the scene of a recent motorcyclist accident. She claimed that it was the shock and that she was owed damages from the motorcyclists estate. Held: the claim was dismissed as she was not of sufficient proximity to the accident in either space or time.
Breach - on the sheet
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Blythe V Birmingham Water Works
A water company followed standard practice, they didn’t expect harm to occur but it did after a heavy frost damaged pipes.
This defined breach ‘doing something the reasonable man wouldn’t do or not doing something the reasonable man would do.
Wells V Cooper
A man did poor quality DIY on his home and, someone visiting was injured. A reasonable man is expect to be at least competent in his chosen activity.
Nettleship V Weston
A learner driver injured the person who was giving them lessons. Learners don’t have any allowances, they must be competent.
Bolam V Friern
A patent wasn’t given a muscle relaxant during an operation. Doctors were split on whether it should be given as giving it there is a risk of death, but there is a risk of fractures if it’s not given.
Didn’t breach their DOC as there wasn’t a consensus - so it was reasonable to make a decision.
Orchard V Lee
Two thirteen year olds were playing tag at school, one ran into a supervisor and caused her injuries.
No breach as they hadn’t fallen a considerable degree below the standards.
Bolton V Stone
A cricket ball was hit over a 4m boundary fence and injured the the claimant, a ball had gone over the fence 6 times in the last 30 years. They had taken reasonable precautions - low chance of occurrence.
