PI & Clinical Negligence analysis: The High Court dismissed a claim by a motorcyclist who claimed to have lost traction on a worn manhole cover that was on a bend in the carriageway. As a result of his accident the claimant underwent an amputation of one of his arms. The case is relevant to the following issues: the definition of a defect in the carriageway; whether a claimant proves the circumstances and cause of his accident; the type and frequency of highway inspection; risk assessing the location of a manhole cover in the carriageway; and the particular vulnerability of motorcycle users. Written by Lee Evans, counsel at Farrar’s Building, Temple, EC4Y 7BD.
To continue reading this news article, as well as thousands of others like it, sign in with ÀÏ˾»úÎçÒ¹¸£Àû or register for a free trial
EXISTING USER? SIGN IN CONTINUE READING GET A QUOTE
To read the full news article, register for a free Lexis+ trial
**Trials are provided to all ÀÏ˾»úÎçÒ¹¸£Àû content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ÀÏ˾»úÎçÒ¹¸£Àû services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
* denotes a required field
Psychiatric injury—secondary victims—case trackerThis case tracker reviews the case law which has been decided since the lead case of Alcock v Chief Constable of Yorkshire Police in 1991. Subsequent case law developed the concept of secondary victims and explored the extent that courts would allow
Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner in which they were sustained.Classifying the victimWhere a claimant suffers both physical and psychiatric injury (even if the physical injury was very
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will usually be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered the duty of care owed by public authorities in the cases of Michael and Robinson.In Michael, Ms Michael made a 999 call to inform the police that her
0330 161 1234