Status of The Claimant
The status of the claimant in an act of negligence can result in a duty of care arising where it would not normally – as is the case with rescuers – or prevent a duty of care existing altogether. Claims that a doctor may owe a mother a duty of care to advise against child birth, and claims that police may owe an individual involved in criminal behavior a duty of care, have been barred. In McKay v Essex Area Health Authority, a child's claim that a doctor should have advised his mother to seek an abortion was struck out; Whilst the Congenital Disabilities (Civil Liability) Act allows a course of action where negligence is the cause of a disability, wrongful life has remained barred for policy reasons. Similarly, where a criminal attempted to escape police capture in Vellino v Chief Constable of the Greater Manchester Police, his claim that they owed him a duty of care not to let him escape after they had arrested him was branded 'absurd'.
Read more about this topic: Duty Of Care In English Law
Famous quotes containing the word status:
“Anthropologists have found that around the world whatever is considered “men’s work” is almost universally given higher status than “women’s work.” If in one culture it is men who build houses and women who make baskets, then that culture will see house-building as more important. In another culture, perhaps right next door, the reverse may be true, and basket- weaving will have higher social status than house-building.”
—Mary Stewart Van Leeuwen. Excerpted from, Gender Grace: Love, Work, and Parenting in a Changing World (1990)