In order to establish a claim in the tort of negligence, according to Percy H Winfield 'Tortious liability arises from the breach of a duty primarily fixed by the law: such duty is towards persons generally and its breach is redressible by an action for liquidated damages '. It is for Grace as the claimant where falls the burden of proof, to demonstrate that the negligence of her physical injury was due to the tortious liability of the Police, Ambulance Service, CURO and the Heath Authority as the defendants in order to claim damages. Furthermore will look at whether tortious liability can arise towards Brian as an occupier for his negligence which resulted in the firemen 's deaths.
In negligence the defendant is only liable when they…show more content… Likewise police had no duty to arrive sooner after Brian made the call in order to respond to the potential threat of an intruder.
In comparison to Police and fire services, Lord Woolf suggested in Kent v Griffiths 'arguments based on public policy are much weaker in the case of ambulance service than they are in the case of police or the fire service '. Leading case which portrays the duty of care for the ambulance services towards a patient in their care, as they accepted the claimants call they become a patient which means they have a duty to them at that moment. Although ambulance owes a duty of care towards Grace needs to determine if delay was breach of failure to take reasonable care. In the judgment Mr Justice Turner said: ' In the absence of any reasonable excuse for this delay I am driven to conclude that the delay was culpable ' breached duty as no reasonable excuse for the delay. However from Lord Woolf’s judgement also in kent: '… resources, whether in the provision of sufficient drivers or attendants, different situations would apply '. The ambulance has no duty if not enough resources at their disposal during accident, due to ‘high demand for ambulances at that time’ during Grace 's accident means that they are not liable. A precedent establishing dual duty of care towards hospital