Special Characteristics of the Claimant
-Where the amount of harm caused to C is greater than normal, Reasonable Man would take more care
- PARIS V STEPNEY
-C was blind in one eye, employed by D in a garage
-C uses hammer to remove bolt when metal chip flew off the bolt and blinded him in the good eye
-At the time it was not a common practice to wear goggles to do this kind of work
-Reasonable man would have taken more care because Cs potential harm was greater
-D has breached their duty of care because they did not provide goggles
Size of the Risk
-Risk of harm high, a reasonable person would take more care.
-Risk of harm is small, a reasonable person would take less care.
- BOLTON V STONE
- Ball was hit out of a cricket ground and hit someone in a nearby garden