The claimant a seventeen-year-old youth who had been arrested during a drunken brawl, kicked his way out through the door of the police van in which he was being transported and jumped out while it was moving at about twenty-five mph striking his head on the road.
Held: He had no claim for damages: ‘even a child would know what a risk he was taking.’
Judges:
Beldam, Schiemann and Thorpe LJJ
Citations:
[1998] EWCA Civ 843
Jurisdiction:
England and Wales
Cited by:
Cited – Jebson v Ministry of Defence CA 28-Jun-2000
The claimant was a guardsman travelling in the rear of a service lorry. He fell from the tailgate suffering severe injury. He was drunk after a social trip.
Held: Though a person could normally expect to be responsible himself for incidents . .
Cited – Vellino v Chief Constable of Greater Manchester Police CA 31-Jul-2001
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 18 November 2022; Ref: scu.144322