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First Principles of Business Law |
| The tort of Negligence |
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4. 3. Recognised duty situations or relationships |
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4.3.2. Plaintiffs with accentuated susceptibility to harm |
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A, a contractor, digs a trench across a footpath in which to lay drainage pipes. To indicate the open trench to pedestrians, A leans two poles diagonally from the top of a nearby fence down to the ground across the trench. B, who is blind, comes walking along the footpath, feeling for obstructions with his white stick. The stick misses the pole, and B falls into the trench, suffering injuries. A argues that he did everything necessary to give adequate warning to normally sighted people. He says he was not under a special duty of care to prevent harm to persons who suffer from disabilities that do not afflict 'normal' persons, such as blindness. Read the facts below and then answer the question. Is A correct? |
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