Abstract
Claims may be made by patients and others in respect of valuables and other belongings which have been lost or damaged on hospital premises. The legal principles applicable to these two types of situation are examined separately, given that they differ. No liability is incurred if goods which are deposited are damaged, destroyed or stolen without negligence on the part of the hospital or its staff. What is proper care depends on all the circumstances of each case. It is clear that the lowest duty that might be imposed is to look after property as if the hospital were itself the owner. In such a case, no liability would be incurred where loss was suffered through dishonesty of an employee so long as there were no grounds for suspecting wrongdoing.
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Notes
See Houghlandv RR Lowe (Luxury Coaches) Ltd [1962] 1 QB 694 at 697-698; Morris v C W Martin and Sons Ltd [1966] 1 QB 716; and Transmotors v Robertson, Buckley [1970] 1 Ll Rep 224.
[1947] 1 All ER 783.
[1951] 2 KB 18 at 31, per Jenkins, J.
[1957] 1 WLR 415.
(1854) 3 E & B 144.
Beaman v ARTS Ltd [1949] 1 KB 550 illustrates the risks of a bailee who disposes of the bailor’s property otherwise than in accordance with his authority even after a long interval of time.
See also HM(62)2, HM(71)90.
See also Beaman v ARTS Ltd [1949] 1 KB 550.
This would appear to follow from Bridges v Hawksworth (1851) 21 LJ (QB) 75; Hannah v Peel [1945] KB 509.
City of London Corporation v Appleyard [1963] 1 WLR 982 and Moffatt v Kazana [1969] 2 QB 152.
See City of London Corporation v Appleyard [1963] 1 WLR 982 and the cases there referred to.
Words in brackets substituted by the Local Government Act 1972.
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© 1994 Springer Science+Business Media Dordrecht
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Finch, J. (1994). Patients’ property: loss or damage. In: Speller’s Law Relating to Hospitals. Springer, Boston, MA. https://doi.org/10.1007/978-1-4899-7122-7_10
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DOI: https://doi.org/10.1007/978-1-4899-7122-7_10
Publisher Name: Springer, Boston, MA
Print ISBN: 978-0-412-41000-0
Online ISBN: 978-1-4899-7122-7
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