IN THE MAGISTRATES COURT OF THE KINGDOM OF ALEXANDRIA
WRIT OF SUMMARY JUDGEMENT
The Court has reviewed the Plaintiff's Entreaty of Summary Judgment (
#24), Entreaties of Prompting (
#30,
#31) and the Defendant's response to the Entreaty of Summary Judgment (
#29).
The Plaintiff moves for Summary Judgement on the matter of liability and claims that there is no genuine dispute of material fact regarding this matter. Looking at the Defendant's response to the Entreaty it indeed becomes clear that there are no genuine disputes of material fact regarding the question of liability. The Defendant states that “The Defendant agrees that there is no dispute of material fact about the status of what occurred to the Plaintiff in relation to his fall and the ensuing injury and its causes.” In the same response, the Defendant does bring up other disputes they have with statements that the Plaintiff has made. These disputes, however, are all disputes of law. They relate to the interpretation of laws or the interpretation of the lack thereof. Although these are genuine disputes, and although these legal questions are material and relevant to the decisions that are to be made by the Court, they are not disputes of fact but rather disputes of law.
Accordingly,
Plaintiff's Entreaties of Prompting are hereby both
GRANTED;
Plaintiff's Entreaty of Summary Judgment is hereby
GRANTED.
The court will hereby issue a ruling on the matter of the Defendant’s liability for negligence in this case.
RULING ON THE MATTER OF LIABILITY
In order for negligence to be proven, it is commonly considered that there are 4 or 5 necessary elements that must be satisfied:
1. Duty
2. Breach of Duty
3. Causation (which may be split into both proximate cause and cause-in-fact)
4. Damages
Duty
The major dispute of law in this case concerns whether or not the Crown had a duty to maintain public roads and areas in a safe condition for use by citizens.
The Plaintiff’s position regarding this is that the Crown, through the Ministry of Development, had this duty. The Plaintiff claims that this duty arises from law, namely from §22 of the Constitution, which guarantees the right to life, liberty, and security of the person in clause 11. The Defendant disagrees and states that this clause does not give rise to this specific duty, as they consider a loss of two hearts not to be an infringement on life or liberty. They further state that “The Defendant fully contests the notion of simply any minor injury sustained by someone to be a violation of this clause.” The Court agrees with the Defendant in this regard. Clause 11 of §22 of the Constitution states that the Government is responsible for guaranteeing “the right to life, liberty, and security of the person and the right not to be deprived thereof”. This, in the opinion of the Court, does not imply that the government has a duty to ensure that there is no situation anywhere at all that has potentially unsafe conditions for citizens. The Court does not find that a duty for the crown to maintain roads and areas in a safe condition for use by citizens arises from law in the manner proposed by the Plaintiff.
The Court, however, still finds a duty exists. The road in question is a public road. The Crown owns this road and the road is publicly accessible and intended for use by the larger public. From this relationship inherently arises a duty. People using something publicly accessible, available and intended for public use, may reasonably assume that using the particular thing, as long as such is used reasonably and in the intended manner, would not result in dangerous situations, physical or psychological harm. The owner of such a thing, then therefore has the duty to ensure that those using it in a reasonably and intended manner do not get put in dangerous situations that are likely to lead to physical or psychological harm. The Court thus finds that the Defendant in this case had a duty to ensure that those using the public road in a reasonable and intended manner would not be put in situations that are dangerous or likely to lead to physical or psychological harm.
Breach of Duty
Both parties agree that there was a 7-block cliff in the road that was not clearly visible and with no signage or barriers. The court finds that a reasonable person using a public road would not expect a 7-block cliff to exist without any signage or barriers notifying them of such. It would be clear to a reasonable person that a 7-block cliff could cause potentially dangerous situations and that this is not the expected state of a public road.
Considering that the cliff was not clearly visible and that there was no signage and no barriers informing the users of the cliff, the Court finds that it is more likely than not that someone using the public road in a reasonable and intended manner could get put in an unreasonably dangerous situation that could cause physical or psychological harm. By allowing the 7-block cliff to exist without any sort of attempt to inform users of the public road that such is the case, the Crown has therefore broken the duty previously established.
Causation
Both parties agree that the Plaintiff has fallen from the cliff. The Plaintiff claims that their fall and the subsequent injury were caused by the Defendant not removing or marking the abnormality in the road. The Defendant does not contest this, and causation is thus apparent.
Damages
Both parties agree that damage has been caused by Plaintiff’s fall from the cliff. The Defendant argues that the injuries are less severe than what the Plaintiff has claimed, but both parties are in agreement that injuries of some sort have been caused to the Plaintiff by their fall from the cliff. This fulfills the fourth element.
All elements that are commonly considered to be necessary in order for negligence to be proven are satisfied in this case.
The Court rules in favor of the Plaintiff on this matter and finds the Defendant liable for the damages caused to the Plaintiff due to Defendant's negligence. As there are genuine disputes of material fact relating to the significance of these damages, proceedings will continue for the purpose of determining the specific damages that the Defendant owes to the Plaintiff.