Case Study-Rights Of Compensation

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Case Study-Rights Of Compensation

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Case Study-Rights Of Compensation

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Ellis drives a milk tanker. One day whilst driving around roundabout in town the tanker valve breaks and milks starts to gush onto the road. At that moment, Frankie was passing Ellis’s tanker on his motorbike. In his haste to avoid skidding on the milk, Frankie accelerated and lost control of his motorbike, which mounted the kerb, narrowly missed Geri and crashed through the large window of the shop where Helen worked. Frankie suffered serious facial injuries and his right leg was severed below the knee. Helen was in the shop at the time and tried to comfort Frankie until an ambulance arrived. Helen was a close friend of Frankie’s mother and had known Frankie since he was a child. She subsequently experienced persistent psychological problems. Geri suffered recurrent panic attacks and was afraid to go into town. There is no explanation as to why the tanker valve broke. Advise Frankie, Geri and Helen of their rights in the tort of negligence using case law to support your legal argument.

Answer:

Issue:
The issue in this case is that whether there is any right on the part of Frankie, Geri and Helen against Ellis, the driver of the milk tanker.
Rule:
In order to establish claim under the law of tort, the plaintiff needs to prove that the defendant was negligent in his action. However, in case of law of negligence, there must be a duty of care on the part of the defendant. In Caparo Industries PLC v Dickman [1990] UKHL 2, it was established by the Court that, in order to prove that there existed duty of care, the formal requirements needs to be satisfied. These are:
The nature of the damage as it could be foreseeable by a reasonable man of prudent nature.
The level of proximity between the parties.
Whether it would be justifiable to impose a duty of care.
In the case of Chadwick v. British Railways Board [1967] 2 All ER 945, it was observed that, Chadwick being a volunteer helped the victims of train crash. Prior to the incident, he was normal and active however; after he witnessed such incident he developed psychological problems. In this case, it was held by the Court that, rescuers should be given compensation in regard to claims arising out of psychiatric injuries.

In Bourhill v Young [1943] AC 92, it was observed the defendant was riding his motorcycle negligently and due to which the plaintiff suffered serious injuries. In this case, the claimant suffered serious nervous shock and physical injury as a result of negligence on the part of the defendant. It was held by the Court that the nature of the psychiatric harm was such as it could not be foreseeable by any reasonable man of prudent nature and therefore the defendant has not held liable.
Application:
In the present scenario, it can be observed that, Frankie suffered serious physical injuries as a result of negligent driving on the part of Ellis. In this regard, the case of Caparo Industries PLC v Dickman [1990] UKHL 2, can be applied in which it was held that in order to prove duty of care, the nature of the damage must be such which a reasonable man of ordinary prudence could foresee. In the present case, Ellis can be held liable for h injury as he could reasonably foresee the nature of the damage.
Similarly, the case Chadwick v. British Railways Board [1967] 2 All ER 945 can be referred because, it was held by the Court that rescuers shall be compensated in regard to the claims of psychological injuries. In the present case, Helen rescued Frankie and tried to comfort him and faced psychological problems by witnessing his condition. Therefore, Helen has a right to get compensation for the loss.
The case Bourhill v Young [1943] AC 92 can be referred because Geri faced panic attacks as a result of the incident. However, Geri shall not receive compensation as the nature of the harm was such that it could not be foreseeable by any reasonable man of ordinary prudence.
Conclusion:
In the conclusion, it can be stated that, Frankie and Helen can claim compensation however; Geri has no right of compensation

References:
Bourhill v Young [1943] AC 92.
Caparo Industries PLC v Dickman [1990] UKHL 2.
Chadwick v. British Railways Board [1967] 2 All ER 945

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