Further developments in non-delegable duty of care & vicarious liability

On 19 April 2020 HHJ Harrison in the County Court at Cardiff handed down judgment in the case of Breakingbury v Croad (unreported) 2021. Whilst the case concerns the provision of allegedly negligent dental care to the claimant, the trial of preliminary issues focussed on whether the dental practice owner, Mr Croad, owed a non-delegable duty of care to his practice’s patient, (the claimant) and/or whether, as owner of the dental surgery he was vicariously liable for the actions of the Associate dentists he engaged to perform NHS dentistry at the surgery.

The judge’s conclusions were surprising to many and have stimulated much discussion within dental forums and amongst insurers of those providing dental services.

Continue reading “Further developments in non-delegable duty of care & vicarious liability”