Public Authority Liability Flashcards
Falvey v Limerick CoCo
Highway authorities are liable in damages for injuries and loss suffered by those persons lawfully using the highway if they were as a result of the negligent construction, repair, maintenance or interference with the road
UCC v ESB
Held the more operational the power or duty may be, the easier it was to superimpose upon it a common law duty of care
Bates v Minister for Agriculture, Fisheries & Food
- P fished in French waters where he was unauthorised to go
- however, he was told that he was allowed
- sued government for huge fines he had to pay
- held that it was negligent execution of a policy
- duty of care owed
McDonagh v Galway County Council
- Galway County Council impounded horse with fee for release
- done correctly
- horse destoryed after fee was not paid
- successfully sued for economic loss
- negligence was in charging €500 for the horse to be returned
- unlawful
Glencar v Mayo County Council
Factors in determing whether a duty of care was owed by a public authority:
i) Was it a case of a positive act or a failure to act by public authority?
ii) Were there powers exercisable for the benefit of a defined category of persons?
iii) Presence or absence of reliance by the plaintiff on the public authority
iv) Did the plaintiff suffer physical or economic harm?
Cromane Foods Ltd
- Running mussel farm
- 1992 - EU Habitats Directive introduced
- required each MS to designate special areas of conservation
- once designated, could not be used commercially until proven there was no impac on ecology
- Government published article in Irish Times mentioned that the area was not likely to be an issue
- minister allowed the mussel farm to keep working but did not have that power
- P argued that minister misled him
- No duty of care owed because
i) No private duty created
ii) Minister bound by EU law
iii) no duty to prioritise
Hill v Constable of West Yorkshire
- No duty of care after police ailed to catch ‘Yorkshire Ripper’ who had been in for questioning multiple times
- Plaintiff’s daughter was killed by the man afterwards
- No duty of care
Robinson v Chief Constable of West Yorkshire
- Claimant was a 76 year old who was injured while the police were arresting a suspected drug dealer
- held there was a duty owed
- positive actions of policemen
Lockwood v Ireland
- Rape victim came forward to Gardai
- Due to administrative issues, the an walked free on a technicality
- Sued for negligence
- failed as it would have opened the floodgated for similar claims
LM v Commissioner of An Garda Siochana
- Criticises Lockwood
- Held that there should be more intimate look at how such cases would open the floodgates to claims like it
Curley v Mannion
- Driver of car owed duty to cyclist who was injured when the driver’s child opened the car door
Lewis
- Lorry driver swerved out of young boy’s way
} Died - Boy had escaped nursery school due to the defendant’s negligence
- Held liable as they assumed control
Home Office v Dorset Yacht Co
- Isle of Wight reform school
- Boys tried to escape island after security guards fell asleep
- Damage to stolen yachts used as a means of escaping
- Held state were responsible
Assumed control over the boys, therefore control over danger
Flanagan v Houlihan
- Man was a local at pub
- Would always find his own way home
- On this occasion, he drove drunk
- Claim brought against pub
- Argument for ‘social host’
- Assume responsibility of actions of drunk parties
- Court held no liability on the pub
Lyons v Elm River
- Attacked outside club in front of security
- Assurance that it was safe from security
- Assumption of responsibility found
