Negligence Flashcards
Kent v Griffiths
An ambulance failed to respond to 3 calls made by a doctor the baby died
Doughty v Turner Manufacturing
Doughty put asbestos lid in molten liquid a
new chemical reaction so unforeseeable
Bourhill v Young
Mrs Bourhill was pregnant and on a bus. Young a motorcyclist, dangerously over took bus, crashed and died. Mrs B got off bus and walked down road, saw incident and had miscarriage. She sued and failed as not proximate or timely.
Munroe v London Fire Brigade
Fire fighters failed to check neighbouring premises with burning debris present. They did not owe DOC for this as Emergency Services not held liable for omissions. Not fair just and reasonable to hold him liable
What test did Blyth v Birmingham introduce to test the standard a person upheld?
Introduced ‘reasonable persons’ test to see if defendants actions fall bellow those of a reasonable person in the circumstances.
Nettleship v Weston
Learner driver on their third lesson, broke drivers knee caps, not up to standard of qualified driver. She was measured against qualified drivers.
What did Bolam v Friern HMC state can make a medical professional not liable?
If they have followed the standards laid out by a professional body to a competent standard
Wells v Cooper
Defendant a carpenter - fixed a door handle. Later it came away and injured the claimant. Work was in line with average carpenter so not liable.
Bolton v Stone
Cricket ball, 17 foot fence, hit 78 yards, cleared fence 6 times in 30 years, not liable. No breach as ball only goes out every 5 years so degree of risk low.
Latimer v AEC
Defendant company flooded, took many steps to ensure safety but did not close the factory as cost would be huge. Claimant slipped on floor. No breach - not liable.
Paris v Stepney
Claimant was a 1 eyed workman. Under vehicle doing soldering work - requested goggles - not provided - lost sight in remaining eye so blind. Clearly a risk of serious injury so a breach and liable.
Watt v Hertfordshire
A fireman was injured by a heavy jack which was not secured. It’s was an emergency, normally breach but given the setting being emergency there was no breach.
Wagon Mound
The defendants ship, ‘The Wagon Mound’, negligently released oil into the sea. The oil became mixed with cotten debris, it was ignited by sparks coming off a nearby welder. Oil damage was foreseeable but not fire damage.
Smith v Leech Brain
Claimants husband splashed by molten liquid at work. Caused him to die as started dormant cancer. Company held liable even though not foreseeable - thin skull rule.
Hughes v Lord Advocate
2 boys went into well with paraffin lamp. There was explosion. The boys where burnt. Explosion not foreseeable but burns are foreseeable so boys successfully sued.
