Let's say Person A is part of TSR Swimming club and s/he is drowning while screaming at Person B for help. Person B is the only one around and is a member of TSR swimming club too. But instead of helping Person A, Person B just stands there records the whole thing with a video camera and laughs.
I'm aware that there is no Good Samaritan law in UK and I'm trying to make sure that Person B does owe a duty of care but I'm having no luck so far. The only thing I can pick out is that Person B is a member of swimming club same as Person A so could that satisfy the relationship" test of Caparo v Dickman or it doesn't make a difference? Do they have some form of relationship?
In Kent v Griffiths, it was held ambulance were liable because it was foreseeable but they accepted their duty of care when they responded to 999 call. Help?
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Is there a duty of care between team-members? watch
- Thread Starter
- 11-10-2013 14:05