Non Delegable

Who is liable? Non-delegable Duty of Care   A 10-year-old girl at a UK school suffered severe brain injury after almost drowning and being resuscitated during a swimming lesson that her school had a responsibility to provide. The school delegated this responsibility by arranging for the swimming lessons to be provided by a private contractor, Direct Swimming Services. The parents brought a claim against the school for negligence, because they argued that the school had a non-delegable duty of care. Initially the courts found that no such duty existed and that the school had discharged its duty of care when … Continue reading Non Delegable