In order for someone to be found negligent the defendant must have owed the claimant a duty of care, failed to perform their duties and failed to fulfil their responsibilities, and damages must be incurred from this breach.
Donoghue and Stevenson established the first duty of care by setting up the neighbour principle, the neighbour principle highlights that anyone who is solely affected by your omissions or acts is owed a doc (Duty of Care) by you. In this case Mrs Donoghue drank part of a ginger beer from the bottle. After doing so a decomposed snail emerged from the bottle and she successfully sued the manufacturer.
After this case there was a series of inaccurate conclusions arising in courts and because of this the three stage test was established to further the criteria and accuracy of law regarding tort and negligence. In the three stage test for a duty of care to be imposed on someone their must be;
A) Reasonable foresight means that the defendants acts or omissions will injure/cause harm to the claimant and was defined in the case of Kent v griffiths, in this case the claimant was suffering an asthma attack, a off duty doctor phoned for an ambulance, the ambulance without just reason did not respond quickly enough and the claimant suffered a heart attack.
B) proximity between the claimant and defendant in either …show more content…
in this case the defendants factory flooded after a severe rainstorm. The defendant placed warning signs, spread sawdust on walkways and informed staff of the slippery surfaces. However the claimant slipped and sued the defendant for injuries incurred. It was found that the defendant was not in breach of their duty as the only way to completely eliminate the risk entirely was to close the factory, this was not something that a reasonable man would do. The actions already taken were enough to prevent the risk of
Donoghue and Stevenson established the first duty of care by setting up the neighbour principle, the neighbour principle highlights that anyone who is solely affected by your omissions or acts is owed a doc (Duty of Care) by you. In this case Mrs Donoghue drank part of a ginger beer from the bottle. After doing so a decomposed snail emerged from the bottle and she successfully sued the manufacturer.
After this case there was a series of inaccurate conclusions arising in courts and because of this the three stage test was established to further the criteria and accuracy of law regarding tort and negligence. In the three stage test for a duty of care to be imposed on someone their must be;
A) Reasonable foresight means that the defendants acts or omissions will injure/cause harm to the claimant and was defined in the case of Kent v griffiths, in this case the claimant was suffering an asthma attack, a off duty doctor phoned for an ambulance, the ambulance without just reason did not respond quickly enough and the claimant suffered a heart attack.
B) proximity between the claimant and defendant in either …show more content…
in this case the defendants factory flooded after a severe rainstorm. The defendant placed warning signs, spread sawdust on walkways and informed staff of the slippery surfaces. However the claimant slipped and sued the defendant for injuries incurred. It was found that the defendant was not in breach of their duty as the only way to completely eliminate the risk entirely was to close the factory, this was not something that a reasonable man would do. The actions already taken were enough to prevent the risk of