Negligence in the Standard of Care
undefined
Liability in negligence for
injury to people and
damage to property
Negligence: Standard of Care
Learning Objectives
By the end of the session you should be able to:
1.
Explain what is meant by the standard of care.
2.
Explain the reasonable man test.
Standard of Care
In order to determine whether someone has breached a duty of care,
the standard of care must be considered.
The standard of care is that of the reasonable person.
A person is not required to show a standard of care greater than that of
the reasonable person.
A person will be liable if they have shown a standard of care less than
that of the reasonable person.
Blyth v The Company of Proprietors of The Birmingham
Waterworks [1856]:
The Standard of Care
The standard of care was defined in Blyth v The Company of Proprietors of
The Birmingham Waterworks [1856].
Facts: There had been some of the coldest frosts on record causing the
water in a water main to freeze and expand pushing a fireplug out.
Fireplugs were used in order to provide easy access to a water supply in the
event of a fire. Water had escaped and damaged a property. The owner
sued for negligence on the basis that the defendants had not kept their
water-pipe and the fireplug in proper order.
Blyth v The Company of Proprietors of The Birmingham
Waterworks [1856]:
The Standard of Care
The High Court held that there had been no negligence. Alderson, B.
stated:
“Negligence is the omission to do something which a
reasonable
man,
guided upon those considerations which ordinarily regulate the conduct of
human affairs, would do, or doing something which a
prudent
and
reasonable
man would not do. The defendants might have been liable for
negligence, if, unintentionally, they omitted to do that which a
reasonable
person would have done, or did that which a person taking
reasonable
precautions would not have done. …The result was an accident, for which
the defendants cannot be held liable.”
http://www.bailii.org/ew/cases/EWHC/Exch/1856/J65.html
Blyth v The Company of Proprietors of The Birmingham
Waterworks [1856]:
An Important Note
A common mistake is to think that the tort of negligence only began in 1932
with Donoghue v Stevenson.
Negligence was well-known to English law before 1932. However, it was
much more limited in scope and ‘duty of care’ had not yet been extended
to the ‘neighbour’ principle stated by Lord Atkin.
Reasonable Man Test
The ‘reasonable man’ test is sometimes referred to as the ‘reasonable
person’ test.
It is regarded as an
objective
test.
The judge or jury will determine whether a person has acted negligently
by comparing his or her act or omission with the behaviour of the
reasonable
man.
The Man on the Clapham Omnibus
Activity
Use a dictionary to find out the meaning of ‘omnibus’.
Use a multimedia device to access Lord Reed’s explanation of the
‘reasonable man’ test in:
Healthcare at Home Limited v The Common Services Agency [2014] UKSC
49 paras 1-4.
https://www.supremecourt.uk/decided-
cases/docs/UKSC_2013_0108_Judgment.pdf
Exploring the concept of negligence in terms of the standard of care, exemplified by the case of Blyth v. The Company of Proprietors of The Birmingham Waterworks in 1856. The reasonable man test, defining the obligations of individuals to act in a manner consistent with a prudent person, is discussed within the context of liability for injury and property damage.
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Presentation Transcript
Liability in negligence for injury to people and damage to property Negligence: Standard of Care
Learning Objectives By the end of the session you should be able to: Explain what is meant by the standard of care. 1. Explain the reasonable man test. 2.
Standard of Care In order to determine whether someone has breached a duty of care, the standard of care must be considered. The standard of care is that of the reasonable person. A person is not required to show a standard of care greater than that of the reasonable person. A person will be liable if they have shown a standard of care less than that of the reasonable person.
Blyth v The Company of Proprietors of The Birmingham Waterworks [1856]: The Standard of Care The standard of care was defined in Blyth v The Company of Proprietors of The Birmingham Waterworks [1856]. Facts: There had been some of the coldest frosts on record causing the water in a water main to freeze and expand pushing a fireplug out. Fireplugs were used in order to provide easy access to a water supply in the event of a fire. Water had escaped and damaged a property. The owner sued for negligence on the basis that the defendants had not kept their water-pipe and the fireplug in proper order.
Blyth v The Company of Proprietors of The Birmingham Waterworks [1856]: The Standard of Care The High Court held that there had been no negligence. Alderson, B. stated: Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. The defendants might have been liable for negligence, if, unintentionally, they omitted to do that which a reasonable person would have done, or did that which a person taking reasonable precautions would not have done. The result was an accident, for which the defendants cannot be held liable. http://www.bailii.org/ew/cases/EWHC/Exch/1856/J65.html
Blyth v The Company of Proprietors of The Birmingham Waterworks [1856]: An Important Note A common mistake is to think that the tort of negligence only began in 1932 with Donoghue v Stevenson. Negligence was well-known to English law before 1932. However, it was much more limited in scope and duty of care had not yet been extended to the neighbour principle stated by Lord Atkin.
Reasonable Man Test The reasonable man test is sometimes referred to as the reasonable person test. It is regarded as an objective test. The judge or jury will determine whether a person has acted negligently by comparing his or her act or omission with the behaviour of the reasonable man.
The Man on the Clapham Omnibus Activity Use a dictionary to find out the meaning of omnibus . Use a multimedia device to access Lord Reed s explanation of the reasonable man test in: Healthcare at Home Limited v The Common Services Agency [2014] UKSC 49 paras 1-4. https://www.supremecourt.uk/decided- cases/docs/UKSC_2013_0108_Judgment.pdf
![Negligence Liability in Donoghue v. Stevenson [1932]](/thumb/198881/negligence-liability-in-donoghue-v-stevenson-1932.jpg)
