Duty Of Care Case Study
Breach in that duty of care?
So, you've established a duty of care is owed, now we need to know if that person has breached the duty of care, meaning if you owe someone a duty of care and you've not met the standards required, this is generally displayed through the ‘reasonable man test’, which is a test to show how someone else would of reacted in that situation, someone in your department, so if you had a surgeon you'd ask another surgeon their opinion(a child is not expected to reach the standard levels of care the same as an adult) The case of Blyth V Birmingham waterworks helped refine the reasonable man test, the case developed it further. In applying the reasonable man test you have to cover four of the risk factors-1- The likelihood
So, you've established a duty of care is owed, now we need to know if that person has breached the duty of care, meaning if you owe someone a duty of care and you've not met the standards required, this is generally displayed through the ‘reasonable man test’, which is a test to show how someone else would of reacted in that situation, someone in your department, so if you had a surgeon you'd ask another surgeon their opinion(a child is not expected to reach the standard levels of care the same as an adult) The case of Blyth V Birmingham waterworks helped refine the reasonable man test, the case developed it further. In applying the reasonable man test you have to cover four of the risk factors-1- The likelihood