negligence: breach cases

Wyong shire council v shirt facts

• plaintiff became a quadriplegic after striking his head on the bottom of a lake whilst waterskiing

• lake had been used for waterskiing for some years despite its shallowness

• plaintiff argued he was misled into believing the lake was generally deep and safe by a nearby “deep water” sign

• held that the risk was foreseeable based on the magnitude of the risk, degree of probability

wyong shire council v shirt relevance

• identified that the risk must be “not far fetched or fanciful”

  • laid out the test of foreseeability for breach

• held that foreseeability referred to obviousness and that gravity referred to the seriousness of the harm

romeo v conservation commission relevance

• consideration of limited resources and preserving aesthetics of an environment that may influence a breach and limit precautions as they are burdensome

rta v refrigerated roadways facts

• man was driving and killed by concrete that was thrown off an overhead bridge

• by the time of the accident there was knowledge that an accident like this had the potential to occur

• were dealing with the situation but were delayed due to limited resources

rta v refrigerated roadways relevance

• reasonable precautions were taken by a road authority doing all they could have done, expecting anything more would have been burdensome

rta v dederer facts

• plaintiff jumped off a bridge and became paralysed as a result

• argued that RTA should have provided information about the shifting sands below and modified the railing so it could not form a platform

• did not succeed as the risk was of low probability and Dederers actions were not reasonable

rta v dederer relevance

• low probability in breach, chance of a person jumping off and becoming injured was low

paris v stepney borough council facts

• plaintiff was employed as a fitter in the defendants garage, the defendant knew the plaintiff only had the use of one eye

• a chip of metal flew off a bolt and entered his good eye, injuring him so that he became almost totally blind

• plaintiff alleged that the employers failure to supply safety goggles constituted a breach of duty

• held that the employer did have a duty to take extra precautions because of the seriousness

paris v stepney borough council relevance

• where the defendant knows the plaintiff is particularly vulnerable to greater injury, an elevated level of care is required

• seriousness in breach

woods v multi-sport holdings facts

• plaintiff suffered serious injury during a game of indoor cricket organised by the defendant and played on its premises

• issue was what steps the defendant should have taken to avoid the risk of injury

• held that the plaintiff knew of the dangers and the risk was obvious so it was not required to warn

woods v multi-sport holdings relevance

• no liability where a risk is obvious

e v australian red cross society facts

• AIDS contracted by the recipient of a postoperative blood transfusion, red cross accepted a duty was owed

• failure to employ testing as it resulted in some of the blood being lost

• held that there was no breach

e v australian red cross society relevance

• social utility, there was social value in going about the breach and not taking precautions

mchale v watson facts

• watson at age 12 threw a piece of scrap metal which he had sharpened and expected it to stick in a post

• the dart hit 9 year old mchale who was blinded in one eye

• watson found not negligent as he could not have foreseen the danger as a child

mchale v watson relevance

• children held to a lesser standard in the reasonable person test as they are inherently unpredictable

bonham v carrier facts

• bonham was a psychiatric patient with schizophrenia who escaped from hospital

• carrier was driving a bus when bonham intentionally jumped in front of it

• carrier suffered shock and could not continue working as a bus driver

• bonham was judged according to the standard of the ordinary and reasonable person ans his liability was not reduced

bonham v carrier relevance

• abnormalities of the mind are not held to a reduced standard of care owed if you are freely out in the world

imbree v mcneilly facts

• imbree allowed mcneilly to drive a car when he was 16 and was not licensed

• mcneilly lost control of the vehicle and imbree was seriously injured

• learner drivers were not held to a reduced standard, held to that of any other driver on the road to take reasonable care

imbree v mcneilly relevance

• expectation of the reasonable person in the defendants position - an objective and impersonal standard

  • “reasonable man of ordinary intelligence and experience”

rogers v whitaker facts

• roger was a surgeon and whitaker was his patient who became almost totally blind after rogers had operated on her right eye

• surgeon’s negligence was failing to warn the plaintiff of a one in 14,000 chance of a rare complication occurring in her good eye

  • plaintiff had expressed a desire to know of all the possible implications of the surgery

rogers v whitaker relevance

• even though there was a limited chance of the risk materialising, it was material as the plaintiff expressed concern and a desire to know

• lack of information hindered her ability to make an informed decision

• liability of persons of skill and professionals

sparks v hobson relevance

• requirement for a medical practitioner to demonstrate that what they did conformed with a widely accepted practice

  • operation of CLA s 5O

• after plaintiff establishes breach, the practitioner bears the burden of establishing that their conduct amounted to competent professional practice

dean v pope facts

• man alleged that his neurosurgeon negligently recommended that he undergo a surgery based on his presenting symptoms

• another doctor reached a correct diagnosis

• man brought a claim against the first neurosurgeon

• evidence established that the surgeon had acted in accordance with the general practice of a significant section of the medical community

dean v pope relevance

• 5O of CLA engaged and satisfied due to the surgeon’s acceptable examination and conclusions leading him to recommend the surgery