Stepping on a syringe is a terrifying ordeal for anyone to endure. The sheer number of injuries and illnesses that can arise as the result of stepping on a syringe can be described as no less than shocking. If however you were to step on a syringe at the common, who would be liable for damages in this instance?
Duty of care
The duty of care underpins all potential claims for compensation when it comes to tort law. To put this into perspective, a duty of care arises when a party has a legal responsibility to reasonably ensure the safety of another party. This may arise as the result of the existence of an employment contract, a duty of care as a parent or in instances where a member of the public has been injured, public liability.
Breach of the duty of care
A breach of the duty of care occurs when a party has failed to fulfil their obligations to ensure the health & safety of the injured party. For example this may occur when a person has suffered a nasty slip, trip or fall on an unmaintained surface.
In the case of the common, the management has a responsibility to ensure the health and well-being of the public. Although the syringe will most likely have been discarded by a 3rd party, the management has a duty to ensure the grounds are well maintained and free from potential hazards. In this instance, the responsible party would be The London Borough of Lambeth, as although the common is located within both Wandsworth and Lambeth, The London Borough of Lambeth retains legal responsibility to ensure the upkeep of the grounds.
If you’ve suffered an accident and someone else was to blame, you could be entitled to make a claim for compensation. With Accident Advice Helpline you can speak in the strictest of confidence with one of our friendly and competent advisors. Our free phone number 0800 689 0500 is open 24/7. All claims are made on a 100% no-win-no-fee basis and you won’t be under any obligation to proceed with any claims that may be discussed with one of our advisors. Accident Advice Helpline endeavours to settle the majority of cases outside court, meaning many of our clients will not suffer the additional trauma of reliving an accident in court.