Duty to Rescue in UK Law

  • Stovin and Another v Norfolk County Council
    • House of Lords
    • 24 July 1996
    ... ... the question is whether the council owed the plaintiff any common law duty in respect of its failure to take action. That is the sole question. 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 ... ...
  • Knightley v Johns
    • Court of Appeal (Civil Division)
    • 27 March 1981
    ... ... The plaintiff on patrol duty picked up on his radio a message from the main force control room in ... Swift held that a woman who had injured her leg in trying to rescue her husband from falling glass could recover damages from those who were ... ...
  • Michael v Chief Constable of South Wales Police
    • Supreme Court
    • 28 January 2015
    ... ... negligence claim, the sole question is whether the police owed any duty of care to Ms Michael on the facts as they are alleged. If so, questions ... Constable of Northamptonshire and Knightley v Johns , where the rescue service created additional danger ... 76 There are two Scottish ... ...
  • Goldman v Hargrave
    • Privy Council
    • 1966
    ... ... fire by lightning - Occupier's failure to check - Occupier's duty of care towards neighbour - Scope of duty - Occupier's duty to remove or ... ...
  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 May 1970
    ... ... issue whether the Home Office or these Borstal officers owed any duty of care to the Respondents capable of giving rise to a liability in ... A failure to take some preventive action or rescue operation does not of and by itself necessarily betoken any breach of a ... ...
  • McLoughlin v O'Brian
    • House of Lords
    • 06 May 1982
    ... ... judgment reviewing the authorities, that the respondents owed no duty of care to the appellant because the possibility of her suffering injury ... of "aftermath" cases, I would accept, by analogy with "rescue" situations, that a person of whom it could be said that one could expect ... ...
  • Bourhill v Young
    • House of Lords
    • 05 August 1942
    ... ... on the ground that the cyclist had not been guilty of any breach of duty to the Appellant, and this decision was affirmed by the Second Division, ... illustrated by cases such as have been called in the United States "rescue" or "search" cases. This type has been recently examined and explained in ... ...
  • Mitchell and another v Glasgow City Council
    • House of Lords
    • 18 February 2009
    ... ... that the question which this case raises is whether the failures in duty that are alleged against them were within the scope of their duty of care ... distress but took no action to go to its aid or to try to effect a rescue and, after drifting for some days with its engine out of action, the ... ...
  • Tomlinson v Congleton Borough Council and another
    • House of Lords
    • 31 July 2003
    ... ... (subject to contrary agreement) all visitors should be owed a "common duty of care". That duty is set out in section 2(2), as refined by subsections ... the variable depth in the pond, the cold, the weeds, the absence of rescue services, waterborne diseases and the risk of accidents occurring. It ... ...
  • Van Colle and Another v Chief Constable of the Hertfordshire Police
    • House of Lords
    • 30 July 2008
    ... ... stage arise: the only question is whether the Chief Constable owes a duty; only if it is held that he does or may will the question of breach arise, ... then, the coastguard was in effective control of the search and rescue operation. They made the position of the party worse by taking no steps to ... ...
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