An ambulance service could be liable in negligence in respect of its response to an emergency call-out where for no good reason there was an unreasonable delay in responding, and the servivice had accepted the call. The ambulance service was distinguishable from the fire and police services. They owed a duty over and above the need not to add to the claimant’s suffering. There could be no rational reason for not responding. There was a duty of care, and the delay added to the injury. Taking an example of a police officer the example of a police officer helping a pedestrian across the road: ‘If the policeman assumes this task there is no reason of policy or proximity why he should be in any different position from a school teacher who performs this task and, if this is appropriate on the facts, is liable for negligence.’
Lord Woolf MR Aldous and Laws LJJ
Times 10-Feb-2000, Gazette 17-Feb-2000, [2000] 2 All ER 474, [2001] 1 QB 36, [2000] EWCA Civ 25
Bailii
England and Wales
Citing:
Appeal from – Kent v Doctor Griffiths, Doctor Roberts, The London Ambulance Service QBD 16-Jul-1999
The claimant suffered a respiratory arrest after an emergency ambulance called by the first defendant, did not arrive for 40 minutes.
Held: the ambulance service was negligenct and liable. The acceptance of the doctor’s request for an . .
Cited by:
Cited – Mullaney v Chief Constable of West Midlands Police CA 15-May-2001
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
Cited – Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
Cited – Darnley v Croydon Health Services NHS Trust SC 10-Oct-2018
The claimant had been assaulted. He presented at the defendant hospital with head injuries. Despite his complaints he said he was not treated properly, being told to wait five hours at reception, and went home. Later an ambulance was delayed and he . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.82746
