Question

Consider the following scenarios. Identify what type of tort you are dealing with and the associated legal rules that need to be considered:

Kate and Ted go to a bar for dinner and end up having some wine. Ted offers to drive Kate home in his car and assures her that he’s OK to drive as he is likely to only just be over the drink-drive limit. On the journey home Ted loses control of the car and crashes into a lamp post. Kate suffers from cuts and bruises and is taken to hospital for a check-up. At the hospital Kate contracts an infection in a cut to her arm. The doctor decides not to treat the infection with antibiotics immediately as he has recently read a report which stated that it there is some evidence to suggest it may be better to allow the ‘body time to heal’ following a trauma. Kate’s right arm is now partially paralysed.


Does Kate have any rights to claim for her injuries and if so who is liable?

Answer 1

Kate may have rights to claim for her injuries in this negligence case. Ted is liable for driving while intoxicated and causing the accident. The doctor and hospital may also be liable for negligence in not promptly treating the infection.

Step-by-step explanation:

In this scenario, Kate may have rights to claim for her injuries. The tort involved in this case is negligence. The legal rule that needs to be considered is the duty of care owed by Ted as the driver of the car. Ted had a duty to drive responsibly and ensure the safety of his passenger. By choosing to drive while under the influence of alcohol, Ted breached his duty of care.

The next legal rule to consider is causation. Ted's loss of control of the car and crash into a lamp post directly caused the injuries sustained by Kate. The infection in Kate's arm at the hospital may also be attributed to the initial injury caused by the crash. However, the doctor's decision to not treat the infection immediately may have contributed to the partial paralysis of Kate's right arm.

In terms of liability, Ted can be held liable for negligence for driving while intoxicated and causing the accident. The doctor and hospital may also be held liable for negligence for not promptly treating the infection. Kate can file a personal injury claim against Ted and potentially the hospital for her injuries, including medical expenses, pain and suffering, and any long-term effects of the paralysis.