Assault and Personal Injury - Duty of Care Owed?

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Law_makes_sense

Active Member
23 November 2015
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Hello fellow users,

My question is regarding whether duty of care is owed/breached when causing personal injury. I would like to run a couple of scenarios, and any help relating will be very much appreciated! Both scenarios have something to do with Assault cases where no charges laid and police closed the case.

Scenario 1:
If person A and B are arguing and person C runs over and attacks person A and causes a fight, now both B and C attack person A. The result: person C comes out with personal injuries.

Is person C owed duty of care by person A? If so, how was it breached?

Scenario 2:
If person A and B are arguing and Person A is about to hit person B where as person C comes in between the two (A and B) and gets injured, and then Person C claims to have been further assaulted.
Is person C owed duty of care by person A, keeping in mind Person C "exposed and himself to a foreseeable risk" ? If so, how was it breached?

Any negligence issues?

All insight into this will be considered helpful.

Thank you
 
S

Sophea

Guest
Hi Law_makes_sense,

Is this a real scenario or a homework question? In reality you would not necessarily pursue an action in negligence in this type of case, but rather an action for common law trespass to person. No duty or breach need be established.

I have only encountered negligence in assault cases where someone is suing for example an occupier for failing to adequately light their car park which is used at night time, or where a security guard is suing his employer for persona injuries incurred in a brawl or attack.
 

Law_makes_sense

Active Member
23 November 2015
9
0
36
Thanks Sophea for your quick reply.

It is a real situation however the Scenario 1 is my version and Scenario 2 is the opposite party version. Both versions were submitted to the police.

Given scenario 2, can the opposite party accuse/add another person (lets call person D) of assaulting them when they had failed to mention person D's involvement in their police statement along with their witness police statement?

Does this move weaken the opposite party case?


Kind regards
 
S

Sophea

Guest
Withholding any information from initial statements or changing one's explanation of events is always considered shifty and may affect your credibility in court.
 
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Tim W

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JS79

Well-Known Member
2 October 2015
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Perth
I can only see personal injury being in form of criminal injuries compensation if the person has been charged with assault etc.
 

Law_makes_sense

Active Member
23 November 2015
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Re. Tim W, yes that would be correct

Re. JS79, police statements (myself and family witnesses from both sides with conflicting stories) were given however no one was charged because 'not enough evidence'.

So it's not criminal injuries compensation?
 

Emily Rambal

Active Member
15 January 2016
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Most successful assault and Personal Injury claims include eye witness testimony that can prove you were in fact the victim and not a party to the incident that resulted in your injuries. In other words, eye witnesses that are able to attest that you did not start a physical altercation or otherwise play a primary role in the incident are also important.....
 

JS79

Well-Known Member
2 October 2015
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714
Perth
it would be unlikely to be criminal injuries compensation. Maybe just a civil claim wanting damages paid by you.
 
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