Established duty situations for physical injury and property damage

Topic preview

1. 01

   Foundation

   Which familiar relationships usually give rise to an established duty for physical injury or property damage?

2. 02

   Mechanics

   Why is it usually unnecessary to run the full Caparo analysis where a road-user, doctor-patient, employer-employee or manufacturer-consumer duty is already established?

3. 03

   Perspective

   A problem involves a road accident, a doctor’s treatment, or a defective product causing injury. What is the first duty point you should make?

4. 04

   Risk allocation

   Why is it a mistake to reach for Caparo automatically in an ordinary physical injury claim where the relationship is already a recognised one?

5. 05

   Distinction

   How do you tell the difference between a recognised duty relationship and a case where the court is being asked to develop a new duty of care?

6. 06

   Consequence

   If you put the claim into the wrong duty category, what is the practical risk for the rest of the negligence analysis?

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