Defendant breach of duty factual cause of claimant injury

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Reference no: EM133684723

Question

We have had a new enquiry from June, a 79-year-old woman from Didsbury. She has been suffering with knee pain after an accident she had in the car park of a GP surgery around two years ago. In brief, June was walking from her car to the door of the surgery, when her left leg jolted to the side, and she fell forward onto her knee. June realised she had stepped into a pothole.

June managed to stumble into her appointment and the GP suggested she go to A&E to check for structural damage. June was told after an x-ray that she had fractured her knee cap. She has struggled with mobility since. This has meant that she has been unable to continue looking after her grandchildren, which she did 5 afternoons per week. She also had to use a dog walker for a while, because she struggled to walk her beagle, Bobby.

June has told us that the car park has signs for Parking Eye. The GP surgery sent a card to apologise for the accident and check how June was. June can send us the card. She also has some pictures of the pothole, but it has now been repaired.

June's son Peter has called to find out how much compensation June could be entitled to and when it will be paid.

Negligence relates to an act or omission which breaches a duty of care owed by one party (defendant) to another (claimant) and consequently causes loss and damage to that party (claimant).

Write how duty of care is owed, Has the defendant breached that duty by falling below the required standard of care?

Was the defendant's breach of duty the factual cause of the claimant's injury?

Was the damage suffered not too remote?

are there any exceptions

What is the duty of care owed to a patient from the doctor.

Reference no: EM133684723

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