Kent v Griffiths
Encyclopedia
Kent v Griffiths [2000] 2 All ER 474 is an English
tort
law case from the Court of Appeal
concerning negligence
, particularly the duty of care
owed by the emergency services; particularly the ambulance
service. The emergency services do not generally owe a duty of care to the public except in certain, limited circumstances.
, and the second, much more significant case against the London Ambulance Service
after an ambulance, ordered by the doctor through a 999
call, took forty minutes to arrive at her house, where she was suffering a severe asthma
attack, resulting in the claimant suffering respiratory arrest
.
In negligence
cases, the claimant must prove that the defendant
owed them a duty of care
, that this duty was breached and that the injuries for which the claimant is seeking damages
were a consequence of this breach.
The issue before the court was whether an ambulance
service (following the cases of Alexandrou v. Oxford, Oll v Secretary of State for Transport and Capital and Counties plc v. Hampshire County Council, which held that the police
, Her Majesty's Coastguard
and firefighters respectively did not) owed a duty of care to those relying on its services.
Neither reasonable foreseeability nor proximity were disputed, nor were breach of duty (if it existed as such, without emergency service immunity) or causation
. However, the LAS submitted that to establish this duty of care was against public policy considerations which in previous cases had limited the duty of care of the police, fire brigade and coastguard (who case law held not to have a duty of care to respond to a 999
call), on the grounds that it would divert their resources from ambulance provision to fighting court cases. Lord Woolf expediently (and somewhat arbitrarily) distinguished the ambulance service as different - despite answering 999 calls, it is part of the health service and thus shares the health service's duty of care to those in tortious proximity (he declared people to whom an ambulance is despatched were in sufficient 'proximity'); he deemed it relevant that it only has to deal with the victim at the scene, and is not having to act with 'concern to protect the public generally', unlike the fire and police services (ignoring coastguards in this reasoning).
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
law case from the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
concerning negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
, particularly the duty of care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
owed by the emergency services; particularly the ambulance
Ambulance
An ambulance is a vehicle for transportation of sick or injured people to, from or between places of treatment for an illness or injury, and in some instances will also provide out of hospital medical care to the patient...
service. The emergency services do not generally owe a duty of care to the public except in certain, limited circumstances.
Facts
The claimant brought two simultaneous claims in negligence. The first, which was quickly dismissed, against her doctorPhysician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
, and the second, much more significant case against the London Ambulance Service
London Ambulance Service
The London Ambulance Service NHS Trust is the largest "free at the point of contact" emergency ambulance service in the world. It responds to medical emergencies in Greater London, England, with the ambulances and other response vehicles and over 5,000 staff at its disposal.It is one of 12...
after an ambulance, ordered by the doctor through a 999
999
Year 999 was a common year starting on Sunday of the Julian calendar.- Europe :* Silesia is incorporated into territory ruled by Boleslaus I of Poland.* The Orsay commune is founded.- Asia :...
call, took forty minutes to arrive at her house, where she was suffering a severe asthma
Asthma
Asthma is the common chronic inflammatory disease of the airways characterized by variable and recurring symptoms, reversible airflow obstruction, and bronchospasm. Symptoms include wheezing, coughing, chest tightness, and shortness of breath...
attack, resulting in the claimant suffering respiratory arrest
Respiratory arrest
Respiratory arrest is the cessation of breathing. It is a medical emergency and it usually is related to or coincides with a cardiac arrest. Causes include opiate overdose, head injury, anaesthesia, tetanus, or drowning...
.
In negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
cases, the claimant must prove that the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
owed them a duty of care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
, that this duty was breached and that the injuries for which the claimant is seeking damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
were a consequence of this breach.
The issue before the court was whether an ambulance
Ambulance
An ambulance is a vehicle for transportation of sick or injured people to, from or between places of treatment for an illness or injury, and in some instances will also provide out of hospital medical care to the patient...
service (following the cases of Alexandrou v. Oxford, Oll v Secretary of State for Transport and Capital and Counties plc v. Hampshire County Council, which held that the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
, Her Majesty's Coastguard
Her Majesty's Coastguard
Her Majesty's Coastguard is the service of the government of the United Kingdom concerned with co-ordinating air-sea rescue.HM Coastguard is a section of the Maritime and Coastguard Agency responsible for the initiation and co-ordination of all civilian maritime Search and Rescue within the UK...
and firefighters respectively did not) owed a duty of care to those relying on its services.
Judgment
The claimant won in the first instance and the LAS appealed, whereupon the Court of Appeal held:- It was 'reasonably foreseeable' that the claimant would suffer further illness if an ambulance did not arrive promptly
- The claimant and defendant were 'sufficiently proximate' once the LAS accepted the call and dispatched an ambulance, and a specific duty of care was established; there being no good reason for it failing to arrive within a reasonable time, this duty was breached.
- It was 'fair, just and reasonable' to allow a duty of care to exist between an ambulance service and its patients with regards to promptness of pickup (and presumably, return to the hospital) where no good reason for delay is offered.
Neither reasonable foreseeability nor proximity were disputed, nor were breach of duty (if it existed as such, without emergency service immunity) or causation
Causation in English law
Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law....
. However, the LAS submitted that to establish this duty of care was against public policy considerations which in previous cases had limited the duty of care of the police, fire brigade and coastguard (who case law held not to have a duty of care to respond to a 999
999
Year 999 was a common year starting on Sunday of the Julian calendar.- Europe :* Silesia is incorporated into territory ruled by Boleslaus I of Poland.* The Orsay commune is founded.- Asia :...
call), on the grounds that it would divert their resources from ambulance provision to fighting court cases. Lord Woolf expediently (and somewhat arbitrarily) distinguished the ambulance service as different - despite answering 999 calls, it is part of the health service and thus shares the health service's duty of care to those in tortious proximity (he declared people to whom an ambulance is despatched were in sufficient 'proximity'); he deemed it relevant that it only has to deal with the victim at the scene, and is not having to act with 'concern to protect the public generally', unlike the fire and police services (ignoring coastguards in this reasoning).
Obiter dictum
The ambulance service would not owe a duty of care under negligence for refusing to respond to a 999 call (though they may be in breach of statutory duty). Also, the burden upon the claimant of showing a causative want of proper care (considering the particular conditions of an emergency) would ordinarily provide ambulance services with what he called the ‘necessary protection’ against liability, except where their conduct was manifestly deficient.Significance
While the general rule has remained that the emergency services are not liable in negligence for an inadequate response, this case has made the exception that, where that inadequate response made the situation worse, a duty of care could exist under certain specific circumstances.See also
- London Ambulance ServiceLondon Ambulance ServiceThe London Ambulance Service NHS Trust is the largest "free at the point of contact" emergency ambulance service in the world. It responds to medical emergencies in Greater London, England, with the ambulances and other response vehicles and over 5,000 staff at its disposal.It is one of 12...
- Emergency medical services in the UK
- Oll v Secretary of State for Transport
- Alexandrou v. Oxford
- Capital and Counties plc v. Hampshire County Council
- duty of careDuty of careIn tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
- negligenceNegligenceNegligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
- Donoghue v Stevenson
- Smith v Leech Brain & Co.