swarb.co.uk - law index
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Personal Injury - From: 1990 To: 1990
This page lists 5 cases, and was prepared on 02 April 2018.
Pitts v The Personal Representatives of Mark James Hunt (Deceased) and Another; CA 1990 - [1991] 1 QB 24; [1990] 3 All ER 344; [1990] EWCA Civ 17
Curtis v Betts [1990] 1 WLR 459; [1990] 1 All ER 769
1990
CA
Animals, Personal Injury
The defendant owned a bull mastiff dog. It was known to react fiercely when protecting its territory. The plaintiff, a child, had known the dog since it was a puppy, and approached as the dog was about to be put into a car. The dog bit his face causing injury. Held: The owner was strictly liable. Where it was known the dog may react aggressively, it was not necessary for the plaintiff to show that the dog had any abnormal characteristics.
Animals Act 1971 2(2)
1 Cites
1 Citers
White v The Council of the City and District of St. Albans [1990] EWCA Civ 18
2 Mar 1990
CA
Personal Injury
Occupiers' Liability Act 1984 1
[ Bailii ]
Alcock and Others v Chief Constable of South Yorkshire Police [1991] 2 WLR 814; [1991] CLY 2671
31 Jul 1990
QBD
Mr Justice Hidden
Damages, Personal Injury, Negligence, Police
Overcrowding at a football match lead to the deaths of 95 people. The defendant's employees had charge of safety at the match, and admitted negligence vis-a-vis those who had died and been injured. The plaintiffs sought damages, some of them for personal injuries by way of nervous shock, having seen the match on television, and knowing that their relatives were in the crowd. Held: It was reasonably foreseeable that close family members of the deceased who saw the events on television would suffer nervous shock, as also would those themselves involved as rescuers. Others who were not physically present, or who were not close family members should not recover.
1 Cites
1 Citers
[ lip ]
Morris v Murray [1990] 3 All ER 801; Times, 18 September 1990; [1991] 2 QB 6; [1990] EWCA Civ 10
3 Aug 1990
CA
Fox, Stocker LJJ, Sir George Walker
Negligence, Personal Injury
The plaintiff agreed to be flown by the defendant in his light aircraft though he knew the defendant was inebriated. The plaintiff drove the car which took them to the airfield and he helped to start and refuel the aircraft, which was piloted by the friend. Shortly after take-off the aircraft crashed, killing the pilot and severely injuring the plaintiff. At first instance the court found the defendant failed in his claim of non fit injuria, but the plaintiff succeeded in negligence. Held: The defendant's appeal was allowed. The defence of volenti non fit injuria applied, and the claim failed. The plaintiff willingly embarked upon the flight, knowing that the pilot was drunk; that the danger in embarking upon the flight was both obvious and great and the plaintiff was not so drunk as to be incapable of appreciating the nature and extent of the risk involved, and, therefore, he was to be taken to have fully accepted the risk of serious injury and implicitly discharged the pilot from liability for negligence in relation to the flying of the aircraft; and that, accordingly, the maxim volenti non fit iniuria applied as a defence to the plaintiff's claim.
Fox LJ said: "If the plaintiff had himself been sober on the afternoon of the flight it seems to me that, by agreeing to be flown by Mr Murray, he must be taken to have accepted fully the risk of serious injury. The danger was both obvious and great . . None of [the facts] suggests that his facilities were so muddled that he was incapable of appreciating obvious risks . . I think he knew what he was doing and was capable of appreciating the risks. . . I think that in embarking upon the flight the plaintiff had implicitly waived his rights in the event of injury consequent on Mr Murray's failure to fly with reasonable care."
1 Cites
1 Citers
[ Bailii ]