First Principles of Business Law

5. Breach of a duty of care

5.3.4. Res ipsa loquitur in operation - Schellenberg's case

Read the following facts and then answer the questions.

Schellenberg was a mechanic employed by Tunnel Holdings. His work involved using tools driven by compressed air. One day, while working with a grinder in his employer's workshop, a compressed air hose became detached and began waving about uncontrollably, striking Schellenberg hard in the face and back. As a result of the injuries suffered Schellenberg became unable to work. He sued Tunnel Holdings for Negligence.

Consider these questions in relation to a breach of the duty of care owed by Tunnel Holdings to Schellenberg.

1. Do the facts suggest that any evidence was available to explain why this accident happened?

2. Could this type of accident have happened without negligence on the defendant's part?

3. Was either Tunnel Holdings alone, or its employees, in control of the situation in the workshop?

4. Does res ipsa loquitur indicate that the defendant should be liable in this case?