Duty Of Care Is The Responsibility To Do Everything Reasonably

1907 words - 8 pages

Duty of care is the responsibility to do everything reasonably practical to keep the people affected by your actions safe. In this essay I will discuss the duty of care given, and expected, in some court cases, and my judgment of them. Also, I will summarize these cases, and explain the issues involved. The information presented in this essay was found in work sheets handed out in class, various internet sites, and from my own point of view.Around 7:00am on November 8, 1985, Corporal Eglinski received a telephone call regarding an accident that had occurred between Gold River and Campbell River. The vehicle had hit a patch of ice and slid into the Campbell River. Twenty-five minutes later, Eglinski called the RCMP office and ordered a sanding truck to help the icy conditions on the highway. Around 8:15 he called the RCMP office a second time, from the scene of the accident, about the need for a sanding truck.Then, at 8:20, Eglinski found another accident and ten minutes later a third accident. So, he called the RCMP office a third time, and was informed that the Ministry of Transport was contacted and had a sanding truck on its way.At 8:30am, Montague Brown left his house in Gold River, in his pick-up truck, heading for Campbell River. The road conditions that day were good. However, he hit a patch of black ice when rounding a curve and lost control of his truck. After sliding hundreds of feet, his truck slid off the road and over a steep embankment. The driver of the sanding truck found Mr. Brown at the scene of his accident, at 9:23, climbing up the embankment after being unconscious for some time. He suffered serious injuries.In court, Mr. Brown alleged that the crown failed to maintain the roads, and respond fast enough when notified of the hazardous conditions. Therefore they were negligent in their duty of care. The province defended them selves by saying that they maintained the highways reasonably and responded in reasonable time considering the strange nature of black ice.Statute Law states that the government has a duty to maintain the highways reasonably, no matter what provincial law says. The ministry has charge and direction of everything relating to highway maintenance. This includes: construction, repair, maintenance, alteration, improvement and operation of highways.Case Law states that the government can be sued for negligence, but the liability of the government relies on the nature of the negligence. There is a clear difference between malfeasance and nonfeasance.Malfeasance is the term used when something was done in a sloppy or negligent way. If the government decides to have control over a certain action, it must do it correctly. If it is not done correctly, the government will be treated as any private person responsible for an action. One way for a government to steer clear of liability issues, is to stop a service completely. Fire departments are a good example of this. It is the elected council's decision whether or not...

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