I'd like some help with this problem question:
X is an experienced truck driver who has to drive down a stretch of coastline. It's very rainy and he sees warning lights confirming trucks shouldn't continue due to the conditions. A highway patrolman, Y, stops him as he's pulling up, and tells him it is safe to cross and not to pull over because it will cause an obstruction.
Some way across, the roads become more slippery and the rain is heavier - the wheels start to skid a little, so X speeds up in order to get across the slippery stretch faster. He travels at 50mph in a 20 mph limit for trucks.
The truck aquaplanes and capsizes into a beach path, rolling over Z, a dogwalker who is killed. X has a concussion and severe cuts over his body.
Analyse the causation and liability issues for Z's death and x's injuries.
How would you go about establishing a duty of care for this question? Obviously road users owe pedestrians a duty of care, but applying caparo there is not relationship in terms of proximity?
Does Y have a duty of care to z? How should I go about this? are there any similar cases?
Thank you so much for your help guys!
Tort Law Problem Question Help
|Why bother with a post grad? Are they even worth it? Have your say!||26-10-2016|