Practice question Norma Basil and Sergio

LAW209 Week 3

Duty of Care Problem Question

‘Diner break-in and candles at bathtime’

Your advice has been sought in relation to the following incidents:

a) Norma owns a restaurant called the Double R Diner. Several weeks ago, PC Wiggum

arrested Snake in connection with a series of robberies perpetrated against restaurants in

Mallardshire. When PC Wiggum was putting Snake in the back of the police car, he carelessly

failed to lock the door, and when the car stopped at a traffic light on its way to the police

station, Snake escaped. The following night Snake broke into the Double R Diner. During the

break-in, Snake caused substantial property damage and injured Norma.

Terry, Norma’s husband, discovered his wife on the kitchen floor and rang for an ambulance.

The call handler told him ‘not to worry; and that an ambulance was ‘on its way.’ It took over an

hour for the ambulance to arrive, by which time Norma’s injuries had significantly worsened.

Snake’s whereabouts are currently unknown.

b) A fire broke out at Sergio’s home, after his new lodger left an aromatic candle unattended by

the bath before leaving the house.

Max, a police officer at the local police station around the corner, had popped out to buy

something for lunch when he saw Sergio run out of the front door onto the roadside and

smoke escaping from an upstairs window. Sergio had left his mobile phone inside. Max did

not have a phone with him, but told Sergio that he would telephone the fire brigade as soon

as he arrived back at the police station in about three minutes.

Max got chatting with a fellow officer outside the police station and temporarily forgot about

making the call to the fire brigade. Ten minutes passed before he remembered. The fire

brigade arrived at the scene 40 minutes after Max’s call. In normal traffic conditions it would

have taken around 15 minutes to get to Sergio’s house. Evidence suggests that each period

of delay (Max’s forgetfulness and the fire brigade’s slow response) has resulted in additional

damage to the building.

The fire also damaged the house belonging to Sergio’s neighbour, Basil, who was on holiday

in Greece at the time. Sergio had mentioned to Basil previously that his new lodger enjoyed a

candlelit bath and he was concerned about the risk of fire. The lodger has since disappeared.

Advise Norma, Sergio and Basil on any negligence claims they may have, focusing solely on

whether they may be owed a duty of care.

Law of Tort (LAW209)