is it fair just and reasonable to impose a duty
There are however certain circumstances in which an individual may be liable for omissions, where a prior special relationship exists. Such a relationship may be imposed by statute; the Occupiers' Liability acts for example impose a duty of care upon occupiers of land and properties to protect -- in as far as is reasonable -- others from harm. In other cases, a relationship may be inferred or imposed based on the need to protect an individual from third parties. In Stansbie v Troman a decorator failed to secure a household he was decorating, resulting in a burglary while he was absent; it was found he owed a duty to the household owner to adequately secure the premises in his absence. An authority or service may equally owe a duty of care to individuals to protect them from harm. In Reeves v Commissioner of Police of the Metropolis, the police were found to have owed a duty to a prisoner -- who was known to be a suicide risk -- to ensure he did not commit suicide in their custody. Authorities have also been found liable for failing to protect against the risks of third parties, in certain circumstances. An education authority was found to owe a duty of care to motorists to protect against the risk of a young children in a public road; a driver was injured when forced to swerve, after a four-year-old child escaped and ran into the path of oncoming traffic.
Duty of care in English law