I also cant believe that a court in the UK would allow such a case to be
won.

The first thing my lecturer told me regarding common law court cases was
that the law was largely irreleveant and results of cases are most often
decided simply by which lawyer argues better on the day.

I think you are right in that no cases of this type have made the UK
courts, however the medical organisations are aware of the implications
of Good Samaritan deeds, which can by illustrated by this page on the
Resucitation Council's website giving scary reading about the potential
hazard of helping someone in need.

http://www.resus.org.uk/pages/legal.htm


Also, take a look at this American newspaper cutting which in a few
years time could happen here.

http://tinyurl.com/6j9ca


I did however come across this interesting case in my file:

Slater v Clay Cross Co (1956)
The pursuer was a woman who was struck by a train in a tunnel. She and
other visitors had been in the habit of using the tunnel as a short
cut. The engine driver was found to be negligent in failing to slow
down and sound his whistle when entering the tunnel. The woman was
found to be contributorily negligent but Volenti did not apply as the
court held that while the woman accepted the danger of the running of
the railway, she did not accept the risk of the driver's negligence.

(Volenti is a defence used where if the pursuer is aware and accepts the
danger of something then they canot sue if something goes wrong)

This was a landmark case which set a precedent for future negligence
cases which is relevent to another thread, though only on the Uk.Railway
newsgroup where a van driver was hit on an open level crossing on the
Severn Valley Railway. One post suggests that no warning whistle was
sounded by the steam engine driver and if this is true a lawyer acting
for the van driver could sue the railway/driver for negligence quoting
the test case above.

What a mad world we live in!!!!!!!


Stephen