Duty of Care For Omissions
| "One can put the matter in political moral or economic terms. In political terms it is less of an invasion of an individual's freedom for the law to require him to consider the safety of others in his actions than to impose upon him a duty to rescue or protect. A moral version of this point may be called the ‘Why pick on me?' argument." |
| Lord Hoffmann, Stovin v Wise AC 923 |
Generally, no duty of care may arise in relation to pure omissions; acts which if taken would minimise or prevent harm to another individual. However, where an individual creates a dangerous situation - even if blamelessly - a duty of care may arise to protect others from being harmed. Where an individual left his car without lights on at the side of a carriageway, he owed a duty of care to other drivers, despite the road being well lit, and was thus jointly liable when another driver collided with his car.
There are however certain circumstances in which an individual may be liable for omissions, where a prior special relationship exists. Such a relationship may be imposed by statute; the Occupiers' Liability acts for example impose a duty of care upon occupiers of land and properties to protect – in as far as is reasonable – others from harm. In other cases, a relationship may be inferred or imposed based on the need to protect an individual from third parties. In Stansbie v Troman a decorator failed to secure a household he was decorating, resulting in a burglary while he was absent; it was found he owed a duty to the household owner to adequately secure the premises in his absence. An authority or service may equally owe a duty of care to individuals to protect them from harm. In Reeves v Commissioner of Police of the Metropolis, the police were found to have owed a duty to a prisoner – who was known to be a suicide risk – to ensure he did not commit suicide in their custody. Authorities have also been found liable for failing to protect against the risks of third parties, in certain circumstances. An education authority was found to owe a duty of care to motorists to protect against the risk of a young children in a public road; a driver was injured when forced to swerve, after a four year old child escaped and ran into the path of oncoming traffic.
A duty of care will also apply to an ommision if a dangerous act was committed by a third party on the defendent's property which he knew about or should have known about, and he did not take reasonable steps to avert damage to neighbouring properties.
Read more about this topic: Duty Of Care In English Law
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