risk factors- breach of duty Flashcards
Bolton v Stone
SIZE OF RISK
- Cricket ball hit a passerby
- Evidence that balls only have been out of ground six times in 30 years
- Harm is likely (KLP)
Paris v Stepney BC
SPECIAL CHARACTERISTICS
Paris was known to be blind in one eye to his employers, once doing work, was not given any protective equipment so he’s good eye was damaged and now he’s totally blind
-KLP- serious damage occurred
BREACHED DUTY OF CARE
Latimer v AEC Ltd
APPROPRIATE PRECAUTIONS
Factory was flooded, so the spread to minimise the risk of slipping but one worker slipped and injured
NOT BREACH OF DUTY OF CARE
Watt v Hertfordshire CC
PUBLIC BENEFIT
(if there is a public benefit to carry out risk)
- Claimant was a fireman and there was an accident, needed a jack to release injured woman underneath lorry but the normal vehicle for the Jack was not available, the jack fell on him
No breach of duty of care and saving a life outweighs need to take precautions
Roe V Minister of Health
UNKNOWN RISKS (only use if there are the unknown risks, use others always)
Anaesthetic kept in glass tubes, not known at the time of invisible cracks could occur in class and anaesthetic to be contaminated by the cleaning solution, the claimant was then paralysed
NO BREACH AS CONTAMINATION WAS NOT KNOWN AT TIME
