Could someone help me here with a legal question.
If I kick a ball on the street and it hits a person square in the face causing a broken nose then I must be guilty of negligence towards that person with the broken nose. Fine. But what if the ball then bounces off that person's face and onto a skateboarding path where a skateboarder tries to avoid the ball and in doing so collides with a tree sustaining minor injuries and a broken skateboard costing a couple of hundred pounds? Am I guilty of negligence towards the second person on the skateboard? Thanks for any replies.
Causation in a case of negligence
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- bernicarey
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Re: Causation in a case of negligence
Well, one for the Lawyers probably.
In this particular situation, kicking the ball, knowing it was likely to hit the person then Yes, but as to the rest of the chain of events....
Negligence requires
A Duty, and a Breach of that duty.
But, it is necessary to prove not only that the loss (injury) was caused by that negligence, but also that there is a legally sufficient connection between the act and the negligence.
So you're looking at making the connection and the foreseeability of that connection.
Does it pass the "Man on the Clapham omnibus" test?
In this particular situation, kicking the ball, knowing it was likely to hit the person then Yes, but as to the rest of the chain of events....
Negligence requires
A Duty, and a Breach of that duty.
But, it is necessary to prove not only that the loss (injury) was caused by that negligence, but also that there is a legally sufficient connection between the act and the negligence.
So you're looking at making the connection and the foreseeability of that connection.
Does it pass the "Man on the Clapham omnibus" test?
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Re: Causation in a case of negligence
Thanks for your reply.
From what I understand, the damage incurred must have been caused by the breach. (Causation in fact). I think that both people suffered damage due to my negligent act. But then the damage must not be too remote (Causation in law). And this is a test of reasonable foreseeability of the type of damage occurring from my negligent act. It was foreseeable that my kicking a ball in the street where there are people doing about their business that the ball may hit one of them. But I guess I couldn't foresee that it would then bounce onto a path causing the skateboarder to suffer an injury. My intuition dictates that I would be guilty of negligence towards both people, but I'm finding this very counter intuitive. Does anyone have anything to add? Am I thinking of the right lines here? Thanks.
From what I understand, the damage incurred must have been caused by the breach. (Causation in fact). I think that both people suffered damage due to my negligent act. But then the damage must not be too remote (Causation in law). And this is a test of reasonable foreseeability of the type of damage occurring from my negligent act. It was foreseeable that my kicking a ball in the street where there are people doing about their business that the ball may hit one of them. But I guess I couldn't foresee that it would then bounce onto a path causing the skateboarder to suffer an injury. My intuition dictates that I would be guilty of negligence towards both people, but I'm finding this very counter intuitive. Does anyone have anything to add? Am I thinking of the right lines here? Thanks.
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Re: Causation in a case of negligence
Really sorry about this, must be the time of year but I'd go get my big brother to sort it out, or the police as you've not specified if this is on work duties or not
Actually my mum is a Slipper Ninja, she might be better! Fear the slipper!
I will get my coat, taxi for Jack...oh wait a minute lOCKdOWN. Cancel the taxi
ps, Mrs Kane got me a really nice whisky blending kit for xmas
Actually my mum is a Slipper Ninja, she might be better! Fear the slipper!
I will get my coat, taxi for Jack...oh wait a minute lOCKdOWN. Cancel the taxi
ps, Mrs Kane got me a really nice whisky blending kit for xmas
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