Are prisons required to protect prisoners from bashings?

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qarmatian

Well-Known Member
18 June 2017
16
4
74
Their reputation is for being places of bashings, rapes and bullying. That outright negligence. It's obviously reasonably foreseeable these crimes can occur in prisons because they do occur. People are there against their will. Surely it should be a no-brainer to be able to sue the prison system for running such a dangerous institution.

Legally-speaking, if I ever went to prison, it should be incumbent on the government to effectively guarantee my safety since they establish and run the system. Only certain prisoners like paedophiles and police get the special protection wing, and even there it's still dangerous (eg. serial rapists David Bernie and co raped an arsonist in one such wing).
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,
I'm sure prison wouldn't be so bad if not for all the dangerous people living there. I guess for there to be negligence the prison would owe a duty of care, there would need to be a breech of that duty and some sort of damage as a result of the breach. Dixon v State of Western Australia is one particular case where an inmate was attacked by another (mentally instable) inmate. In this case the Prison department have failed to take reasonable care of the plaintiff by controlling his attacker and preventing his attacker from having access to dangerous weapons. But there would need to be a breach of the duty of care owed and you would need to consider reasonable foreseeability. If an inmate was raped by a cell mate (to be honest I don't even know if there are shared cells in Australia, I'm just think of a scenario which might not have a duty owed) and the cell mate had no history of sexual violence, then while they do owe a duty of care, there is no direct breach because it would not have been a reasonably foreseeable event. But yes you could pursue a claim against the prison system.