Risk Factors AO1

What are risk factors?

The standard of care owed by D can be varied- D has to take greater care if there’s a higher risk

When is D not liable? (Roe)

when they aren’t aware of the risk

What are Special Characteristics?

If C is vulnerable or has a disability- D has a higher duty of care

Special Characteristics: Paris

C was blind in one eye- D should have taken greater care

The size of the risk?

If the size of the risk is large/high, then D has to take greater care

Size of risk: Bolton

The risk of being hit by a cricket ball was very low- D was not liable

Adequate Precautions?

If D has taken adequate precautions, they are unlikely to be liable

Adequate Precautions: Latimer

The factory had taken adequate precautions after the flood by placing sawdust down- they weren’t liable

Public Benefit?

No breach if there is a public benefit to taking the risk

Public Benefit: Watt?

The emergency situation of getting to the accident outweighed the risk of not securing the jack- they were not liable