Dunnage v Randall UK Insurance [2015]

Court: Court of Appeal

Facts: Vince, suffering from florid paranoid schizophrenia, poured petrol over himself and his nephew, the claimant. Despite the claimant's efforts to prevent Vince from igniting the petrol, both were engulfed in flames. Vince died, while the claimant survived with severe burns. The claimant sued Vince's estate and insurer for damages. The insurance policy excluded coverage for wilful or malicious acts. The central issue was whether Vince's mental illness affected the standard of care owed, and whether the objective standard of a reasonable person or Vince's personal characteristics should apply.

Issue: Whether the standard of care in negligence should take into account Vince’s mental illness, or whether the objective standard of a reasonable person applies regardless of the defendant's personal characteristics.

Held: The Court of Appeal held that the standard of care in negligence is objective and does not change based on the defendant’s mental illness. The court found that personal characteristics, including mental impairment, do not alter the standard of care expected of an individual. Unless a mental condition entirely removes responsibility, the defendant must meet the objective standard of a reasonable person.

In this case, Vince's actions, although influenced by his mental illness, did not absolve him from liability for failing to exercise reasonable care. The injury, though accidental and a consequence of Vince’s lost control, was still subject to the objective standard. The court emphasized that the law aims to protect innocent victims by maintaining a uniform standard of care, irrespective of individual impairments.

Key Judicial Statement: The court noted, "The standard of care is based on the objective standards of a reasonable person, regardless of personal characteristics such as mental illness. The law aims to ensure that all individuals owe the same duty of care to prevent harm to others."

💡 LevelUpLaw: Dunnage v Randall UK Insurance Ltd reaffirmed that the standard of care in negligence is objective, and personal characteristics, including mental illness, do not alter this standard. Even if a mental condition impacts a defendant's ability to act reasonably, they are still held to the same standard as a reasonable person. This approach underscores the principle of protecting innocent victims and maintaining legal consistency, despite the challenges of applying an objective standard to individuals with severe impairments.