Tort of Negligence - Duty of care Flashcards
What case established that you owe a duty of care to your neighbours and the neighbour principle/test?
Donoghue v Stevenson (1932)
Donoghue v Stevenson (1932)
In the case Mrs Donoghue went to a cafe to have a ginger beer with her friend. The friend bought her a bottle of ginger beer and an ice cream i.e. as Mrs Donoghue did not purchase the ginger beer or ice cream she did not have a contract with the retailer. The ginger beer came in an opaque bottle so that the contents could not be seen clearly. Mrs Donoghue poured half the contents of the bottle over her ice cream and also drank some from the bottle – she found a decomposed snail in the bottle and suffered personal injury as a result. She claimed against the manufacturer and her claim was successful.
What case is an example of the neighbour principle/test established by Donoghue v Stevenson (1932)
Stennett v Hancock (1939)
Stennett v Hancock (1939)
A pedestrian suffered an injury when part of a wheel, from a passing lorry, came loose and hit him in the leg. It was held that the wheel has been negligently fitted by the garage and they owed a duty of care to the claimant. It was reasonably foreseeable that a road user could be harmed if the wheel became detached.
What case is an example of a duty of care owed to patients?
Darnley v Croydon Health Services NHS Trust (2018)
Darnley v Croydon Health Services NHS Trust (2018)
The claimant went to A & E after suffering a head injury and was told by the receptionist the wait would be 4 to 5 hours. The claimant felt ill so left after 19 minutes. He later collapsed and suffered permanent brain injury. It was held that the information was incorrect; he would have been seen within 30 minutes by a nurse to assess his need to see a doctor. Had he seen a doctor sooner he could have made a full recovery. It was held that it is well established that an NHS trust owes a duty of care to its patients and as soon as a patient is ‘booked in’ a duty of care arises. That duty included giving accurate information to its patients. The trust had breached their duty of care.
