This cookie is set by GDPR Cookie Consent plugin. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The cookie is used to store the user consent for the cookies in the category "Analytics". These cookies ensure basic functionalities and security features of the website, anonymously. Necessary cookies are absolutely essential for the website to function properly. As every situation depends on its own facts and circumstances, only professional advice should be relied on. This newsletter/article is intended to provide a brief overview of legal matters pertaining to captioned matter and is not intended as legal advice. ‘Social media are media for social interaction using highly accessible and scaling publishing techniques….use web based technologies to turn communication into interactive dialogue’ ()īlogging platforms such as WordPress Digg Delicious Instagram LinkedIn Quora Wikipedia & YouTubeĪs you may have gathered by now, the minute you start using SM, you owe ‘the world at large’ a DOC! More about that next time! Facebook – did you know that it has over 700 million users? Here are more: How does all of this relate to social media? Let’s revisit what’s meant by the latter – let’s start with one we all know about i.e. It is extremely important to note that despite most of the definitions emphasize or ‘harp on’ acts, liability can also arise from an omission i.e. knowing/being aware of the risk involved and participating nevertheless (volenti non fit injuria) Playing (a dangerous) sport BUT you have to bear in mind the concept of voluntary acceptance of risk i.e.mopping a floor in a supermarket or driving a forklift in a parking lot Creation/adoption of/introducing a risk: e.g.if a party stops to assist B and is run over, B or his/her estate could have a claim against A (Haynes v Harwood – see ) a driver of a heavy duty truck on the highway ( and ANY road users for that matter) – such a duty of care could even be extended by helpers who stop to assist a party (B) injured due the negligence of the driver of the other vehicle (A) e.g. doctor/patient teacher/pupil caregiver/recipient of care bank/client Arising from the relationship with/between the parties e.g.dropping a cigarette butt and failing to ensure it is ‘dead’/no longer glowing The second one is over and above the first and here are some examples: moral obligation’ to act ‘competently’ and with ‘reasonable care’. It should be noted that there are effectively two types of duty of care: first there is the omnipresent one described in the definitions above and then there is the one that arises from circumstances resulting in the so-called ‘proximity’. While we are at it let’s clarify what is meant by ‘gross negligence’: It is a more serious form of (‘ ordinary’) negligence and has been described as ‘a complete failure to show care that in fact implies recklessness or willful disregard for safety and human life’ (Brent Adams) Is it ‘fair, just and reasonable’ to impose liability on D (Wikipedia)?.Was the harm foreseeable? (The courts will look at not only the foreseeablity but also chances of it happening and the degree of damage/injury were it to occur).Did the act or omission of D result in such harm, in other words was there a causal link (nexus) between the act/omission and the harm?.Did P suffer damages and/or injury (i.e.Was there a relationship of ‘proximity’ between the D and P (e.g.the plaintiff/alleged victim/aggrieved party) (‘P’) a duty of care ( ‘DOC’)(See discussion below)? alleged perpetrator) (‘D’) owe the party claiming damages/restitution (i.e. The different legal systems apply different ‘tests’ to ascertain whether someone has been negligent but there’s a material overlap and generally the tests address the following questions:
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